Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. Order in N/M no.2151/2018 in Suit 9287/1999
MHCC010069672018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2151 of 2018
IN
SUIT NO. 9287 OF 1999
Dr. Jitendra Ratilal Parekh ...Plaintiff.
Versus
1A Mrs. Leelavati Devendra Parikh &
Ors. ...Defendants.
Appearance:
Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff.
Adv. Shri Jaydeep Thakkar alongwith defendant no.1B
CORAM : SMT. S.S.NAGUR
JUDGE, (C.R.NO.62)
DATE : 07.04.2026
ORAL ORDER
(Dictated in open Court)
1. The Notice of Motion is filed by plaintiff to direct the Court
Received to take action against defaulting occupant of Shop No.1
originally consisting three galas and now divided into two separate
premises - one consisting of two galas in the occupation of Mr.
N.C.Mavani son of Dr. C.K.Mavani and the other premises of one gala
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which is occupied by Vishes Surendra Kambli and Sandhya Punekar and
also the occupant of Flat No.5 on the ground floor.
2. The Notice of Motion is supported by affidavit of plaintiff.
He on oath stated that the Court Receiver was appointed by order dated
30/08/1999 by Hon’ble High Court in the suit. Since then the Court
Receiver is in-charge of the suit property at Sion at namely Jasud
Bhuvan, Sion Mumbai.
3. The plaintiff stated that by advocates’s letter dated
25/03/2000 to the Receiver pointed out that M/s. Laboratory Upkeep
has carried large scale unlawful renovation of permanent structure and
requested the Court Receiver to take appropriate steps. The Court
Receiver by letter dated 28/03/2000 to Mr. P.A. Rane, the Rent
Controller directed him to visit the suit property and submit detail
report. The detail report was submitted to the Receiver by Mr. P.A. Rane
on 04/04/2000 and confirmed that in Shop No.1 the work was being
carried out and he noticed that the wooden partition, wooden loft,
wooden doors and bathroom tiling was going on.
4. The Court Receiver issued letter dated 17/04/2000 to the
then advocate of M/s. Laboratory Upkeep pointing the above report.
The plaintiff by letter dated 23/06/2000 to the Court Receiver through
advocate pointed out that M/s. Laboratory Upkeep has carried out
unauthorized construction of permanent nature and likely to part with
the possession. The Rent Contractor addressed letter dated 21/10/2015
to the Court Receiver stating that M/s. Laboratory Upkeep has parted
with possession to Mr. N.C.Mavani son of Dr. C.K. Mavani who was
tenant of Block No.5 and there were two separate premises one
consisting of two galas occupied by N.C. Mavani and third gala
occupied by Vishes Surendra Kambli and Sandhya Punekar. M/s.
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Laboratory Upkeep has let out the said premises which was pointed out
to the Receiver by letter dated 06/12/2005 through advocate by the
plaintiff. It was also pointed out that the unauthorized occupant had
fixed split AC and also charge the electric meter. It was further pointed
out that Mr. Deepak Parikh and Mrs. Leelavati Parikh who reside in the
suit property did not point out the said facts.
5. The Court Receiver by letter dated 01/12/2006 to the then
Assistant Commissioner BMC fixed a meeting of joint inspection on
03/01/2007 in respect of structural changes. The Court Receiver has
submitted the report dated 04/01/2007 after visit on 03/01/2007. The
Court Receiver by giving reference of joint inspection taken on
03/01/2007 pointed out that the shop on ground floor was closed and
while taking inspection of the other premises i.e. Flat No.10, 11 and
Flat No.5 the wooden windows were removed and replaced by
aluminium window which were minor repairs and no structural changes
were found in the said flat.
6. The plaintiff stated that he by letter dated 04/07/2007
through his advocate to the Receiver pointed out that in the inspection
report there has been change in user and unauthorized construction of
mezzanine floor in Flat No.5. It was also pointed out that there is
unauthorized occupation of Shop No.1 dividing three galas into two
shops by constructing a wall which was objected by him.
7. The plaintiff stated that he personally visited the Court
Receiver and pointed out the above facts. However no action has been
taken. Hence filed notice of motion.
8. The defendant filed reply to the notice of motion through
affidavit of defendant No.1(b) and denied the allegations against him.
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The plaintiff is trying to prolong the hearing of the suit pending since
1999. He stated that Dr. C.K.Mavani was tenant of Flat No.5 on ground
floor of the said building. Mr. Rehman was earlier tenant of Flat No.5.
In the year 1993 Mr. Rehman surrendered the said flats to the owners
and shifted from Mumbai. Mr. C.K.Mavani approached his grandmother,
father and plaintiff to let out Flat No.5 for commercial use. The tenancy
was created in the year 1993 by his grandmother Jasudben, father and
plaintiff for commercial purpose and also permitted him to construct
loft/mezzanine floor after taking due precautions and necessary
permission from authorities whenever required. Therefore no one took
objection against C.K.Mavani or his son Mr. N.C.Mavani.
9. The defendant stated that in respect of Shop No.1 the same
is illegally divided into two separate rooms and unlawfully sublet the
same as stated in the affidavit of plaintiff. Hence prayed to pass
appropriate orders.
10. The defendant No.1(b) filed a pursis at Exh.184 stating
that he is not opposing notice of motion and has no objection to grant
the relief prayed in the notice of motion.
11. Heard Advocate Shri Jaydeep Thakkar for defendant No.2
and Adv. Smt. Mumtaz Shaikh for plaintiff stated that Court Receiver
has filed the report.
12. In the notice of motion the plaintiff has filed the report of
Court Receiver dated 21/10/2005 in respect of Shop No.01 submitted
by Mr. P.A.Rane representative of Court Receiver. He personally visited
the said shop on 07/03/2005 with his representative Mr. Sawant where
they entered one part of the shop and seen two-three workers were
making trophy on machines. Out of them one worker had informed
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them that the said shop belongs to Sandhya Punekar. When Vishes
Surendra Kambli met them at mezzanine floor of the said shop he
informed that Sandhya Punekar is his partner for the said business. On
inquiry about the documentary proof he called Mr. N.C.Mavani, son of
Dr. C.K.Mavani tenant of block No.5 (using for commercial purpose)
and asked him to show documentary proof of the said shop. For getting
proof they went adjacent premises which is entirely separate and Mr.
N.C.Mavani shown their court orders and other documents. He
informed them that he is partner of Mr. V.S.Kambli and running business
of Laboratory Upkeep since 2000, said premises has three cabins
(meg.15’ x 8’, 8’ x 8’, 5’ x 8’ approx.) with passage and W.C. and top of
it mezzanine floor in said area as ground floor shop.
13. The status report was called from the Court Receiver by
order dated 18/08/2025 in the roznama. The representative of Court
Receiver has submitted the report at Exh.185 on 16/10/2025. The
report shows that “The shutter of shop No.01 was closed from out side, Mr.
Deepak Parikh (Defendants No.1b) took me in a office of suit building where I met
Mr. Nitnain Chimanlal Mavani he himself disclosed his name and also informed me
that he is occupant of two galas of shop No.01. Mr. Nitnain Chimanlal Mavani
opened the doors of two galas of shop No.01 from inside the suit building I have
taken photographers of the same. Moreover, Mr. Deepak Parikh informed me that
shop No.01 has 03 galas, I noticed the same. He further informed that out of the 03
galas and Mr. Vishesh Kambli was occupant of 3rd gala of shop No.1 Mr. Nitnain C.
Mavani was carrying out business viz.”CHEM-VERSE consultants (CVC)” at 02 galas
of shop No.01.”
14. In the said report para no.6 discloses that “thereafter Mr.
Vishesh Surendra Kambli came at suit site at about 5:15 p.m. He stated that he is
occupant of 3rd gala of shop no.01 and he stated that as per partnership deed of M/s.
Laboratory Upkeep, 02 galas of Shop No.01 are of Mr. Nitnain C. Mavani. I have
taken photographes of 3rd gala in my office camera in presence of all present parties.
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Mr. Vishesh S. Kambli further stated that “he does not pay rent to anyone, all rent is
paid by Mr. Nintain C. Mavani of Shop No.01. Mr. Vishesh Surendra Kambli was
carrying out business of Real Estate & he is the proprietor of ‘Survin Development
Corporation’ at 3rd gala of shop No.01 which is the office of Survin Development
Corporation. Mr. Vishesh Kambli informed me that he does not have any document of
property right now.” The representative of the Court Receiver further stated
that it was noticed that there was no possession board of Court Receiver
of High Court Bombay affixed at the suit property.
15. Considering the above report of the representative of Court
Receiver there are changes in the Shop No.1. There is nothing on record
to show that whether those changes are made after getting appropriate
permissions as required. There is mention of court order. However the
court order is not annexed to the report. Therefore not able to make out
what relief was granted to the above persons to change the nature of
the suit by making alterations of such a nature.
16. Considering the above facts on record it is necessary call
the report as well as direct the Court Receiver to verify the alterations in
Shop No.1 from the concerned BMC authority as well as to see whether
there is any illegality and take appropriate steps if so found. Hence, pass
following order.
ORDER
1. Notice of Motion No.2151 of 2018 is allowed.
2. The Court Receiver is directed to verify all the
records in respect of alterations in Shop No.1 of suit
premises i.e. Jasud Bhavan, Sion, Mumbai with the
concerned record of the BMC and order of court, if
any.
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3. It is further directed to Court Receiver in case any
discrepancy/illegality is found then he should take
appropriate action against the persons concerned.
4. Accordingly, Notice of Motion is disposed of.
(Smt. S.S. Nagur)
Judge
City Civil Court,
Date : 07.04.2026 Gr. Mumbai.
Pronounced on : 07.04.2026
Directly dictated on PC : 07.04.2026
Typed on : 07.04.2026
Checked & Sign on : 07.04.2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
Mrs. Manisha S. Putta	07.04.2026 5.45 PM
Name of the Judge (With C.R. No.) HHJ Smt.S.S.Nagur (C.R.No. 62)
Date of Pronouncement of
JUDGEMENT /ORDER
07.04.2026
JUDGEMENT /ORDER signed by P.O.
on
07.04.2026
JUDGEMENT /ORDER uploaded on 07.04.2026
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