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Court Order

Interim Order 1

CNR MHCC01006322201924 Jan 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Interim Order 1 · 24 Jan 2024 · CNR MHCC010063222019

Order Details: Other
Pdf Text: S.C.Suit No.1936-2019 1 Ex.8- Issues
IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY
S. C. SUIT NO.1936 of 2019
Exhibit-8
Surekha Jeevan Gaikwad ].. Plaintiff.
Versus
Samiullah Eshanullah Farooqi ].. Defendant.
CORAM : HIS HONOUR JUDGE
R. R. BHAGWAT
COURT ROOM NO.65
DATE : 24th January , 2024
ISSUES
1. Does the plaintiff prove that the suit premises is allotted to her as
per allotment letter dated 15.02.1992 and agreement dated
13.02.1992 issued by the Dairy Development Department of the
Government of Maharashtra ?
2. Does the plaintiff prove that she is entitled to relief of
permanent injunction in respect of suit premises as prayed ?
3. Does the defendant prove that the plaintiff and her son Pawan
had given portion of the suit premises to the defendant by virtue
of Leave and License agreement dated 25.04.2016 ?
4. Does the defendant prove that remaining half portion of the suit
premises was occupied by brother-in-law of Pawan namely
Rupesh and he vacated and handed over possession of the said
portion to Pawan on 25.04.2017 ?
5. Does the defendant prove that the plaintiff and her son Pawan
had given whole portion of the suit premises to the defendant on
25.04.2017 on Leave and License basis ?
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S.C.Suit No.1936-2019 2 Ex.8- Issues
6. Does the defendant prove that he is in exclusive use,
occupation, possession and utilization of the suit premises ?
7. Does the defendant prove that Pawan Jeevan Gaikwad executed
Leave and License Agreement dated 30.01.2018 in respect of the
suit premises allowing the defendant to occupy the suit premises
from 30.01.2018 to 30.01.2021 ?
8. Whether this court has jurisdiction to try the suit ?
9. What order as to cost?
10. What order and decree?
R. R. BHAGWAT
Date: 24.01.2024 Judge, City Civil Court,
Court Room No.65
Gr. Bombay.
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