Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 249919 IN ST.690519
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.2499 OF 2019
IN
STAMP NO.6905 OF 2019
Surekha Patil ]....Plaintiff.
Versus
Mumbai Municipal Corporation & Ors. ]... Defendants
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 6th July, 2019.
Mr. V.B. Ghorpade, Advocate for plaintiff.
Ms. Mhatre, Advocate for Defendant/MCGM.
O R D E R
1. The plaintiff has sought ad interim relief to restrain defendants
from forcibly constructing public toilet on a piece of land measuring
2390 sq. meters in Survey No.288 part at Village Kurla on the ground
that she is in peaceful and absolute possession of said piece of land
since past 40 years and is paying the taxes to the Government & the
Trust i.e. Wadia Charity Trust, the owner of the land. There is threat
that defendant Corporation may construct a public toilet in the land
possessed by the plaintiff.
2. Perused. Heard.
3. In the course of submissions Advocate for plaintiff submitted that
there is open space surrounding the piece of land possessed by the
plaintiff.
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2 NM 249919 IN ST.690519
4. The plaint nowhere discloses the boundaries of the area of 2390
sq. meters allegedly possessed by the plaintiff. In absence of the
boundaries of the piece of land allegedly possessed by the plaintiff, its
identification will be impossible, since, as submitted, it is surrounded by
open land. Perusal of plaint further reveals that there is no immediate
threat as submitted.
5. In absence of anything to clearly identify the land allegedly
possessed by the plaintiff, if the adinterim injunction as sought is
granted, it will be a blanket injunction which can be used by the
plaintiff to object the activity of the defendant on any open piece of
land. Hence the Order:
ORDER
1. Adinterim injunction sought in terms of prayer Clause (a) & (b)
of Notice of Motion is refused.
2. Defendant to file reply to the Notice of Motion.
Sd/
(A.N. MARE)
Judge,
06/07/2019 City Civil Court, Mumbai.
Dictated On : 06.07.2019
Transcribed on : 08.07.2019
HHJ Signed on : 09.07.2019
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3 NM 249919 IN ST.690519
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
09/07/19 11.30 a.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
06/07/19
JUDGEMENT /ORDER signed by
P.O. on
09.07.2019
JUDGEMENT /ORDER uploaded
on
09.07.2019
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