Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no.2124-18 in L.C.SUIT no.423-18
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO. 2124 OF 2018
(CNR no. MHCC010068472018)
IN
LONG CAUSE SUIT NO. 423 OF 2018
(CNR no. MHCC010022052018)
1. Mr. Pratap Arjunsing Rajput ]
2. Mr. Uday Arjunsing Rajput ]
Both residing at G120, Dattanagar, ]
Sion Trombay Road, ]
Trombay, Mumbai400088. ]....Plaintiffs
V/s
1. Mr. Chandu Jagan Tudawe ]
residing at Datta Nagar, Trombay, ]
Mumbai 400 088. ]
2. The Municipal Corporation of ]
Gr. Mumbai, having their Head office at ]
Mahapalika Bhavan,Mahapalika ]
Marg, Fort, Mumbai400 001 ]....Defendants
Appearances:
Ld. Advocate Mr. Harish Pawar for the Plaintiff.
Ld. Advocate Mr. Vaity for the defendant no. 1.
Ld. Advocate Mrs. Bhoir for defendant nos. 2 and 3/BMC.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 8)
DATED : 12th June, 2019
O R A L O R D E R
1. This is an application by Notice of Motion under O.VII R.11 of
The Code of Civil Procedure, 1908.
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2 NM no.2124-18 in L.C.SUIT no.423-18
2. Contentions of defendant no. 1 are as under:
The area where the suit premises and defendant no. 1's premises
are located, is declared as slum. In view of Section 42 of Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
(hereinafter referred to as "Slum Act" for brevity), the competent
authority under the said Act is empowered to grant reliefs claimed in
this suit and jurisdiction of Civil Court is expressly barred. Therefore,
the plaint be rejected.
3. The plaintiffs have objected the said application contending that
the suit is for relief against infringement of civil rights, the defendant
no. 1 has failed to produce any notification of Government of
Maharashtra whereby the area is declared as slum.
4. As submitted rightly by the plaintiffs, the defendant no. 1 has not
produced notification of Government of Maharashtra whereby the area,
where suit premises is located, is declared as slum under the provisions
of Slum Act. Mere issuance of photo identity pass to one hut does not
mean that the area is declared as "slum" the area in absence of any such
notification. Therefore, the other contention that only competent
authority under the Slum Act is empowered to grant reliefs claimed in
this suit need not be considered. After perusal of the plaint, it is case of
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3 NM no.2124-18 in L.C.SUIT no.423-18
the plaintiffs that due to illegal acts of defendant no. 1, their right of
way over the open space is obstructed and therefore, they have
approached Civil Court seeking reliefs of mandatory and permanent
injunction against defendant no. 1 and defendants no. 2 and 3 ( local
authority). Therefore, the Civil Court has jurisdiction to entertain this
suit. Resultantly, the following order is passed:
ORDER
1. Notice of Motion No. 2124 of 2018 is dismissed.
(C. V. Marathe)
Judge,
Date : 12.06.2019 City Civil Court, Gr. Mumbai.
Dictated on : 12.06.2019
Transcribed on : 12.06.2019
Signed by HHJ on : 13.06.2019
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4 NM no.2124-18 in L.C.SUIT no.423-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.06.2019 at 1.20 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
12/06/2019
JUDGMENT/ORDER signed by
P.O. on
13/06/2019
JUDGMENT/ORDER uploaded
on
13/06/2019
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