Order 1

Order Details: Notice of Motion
Pdf Text: IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO. 2057 OF 2019
Mrs. Fatima Derrick Fernandes ...Plaintiff
Versus
Tejraj P. Dhoka and another. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 19th JULY, 2019.
Mr. Anand Charanbir, Advocate for Plaintiff.
Mr. Bhambid , Advocate for defendant No.1.
Mr. Chavan, Advocate for defendant/MCGM.
O R A L O R D E R
1. Perused. Heard Advocates for the plaintiff and defendants.
2. The plaintiff's case is that defendant No.1 has carried out
additions and alterations beyond tenantable repairs.
3. Advocate for defendant No.1 opposed this position and submits
that only tenantable repairs are carried out.
4. From the photographs produced on record, prima facie, it is clear
that something beyond tenantable repairs is being carried out. In such
circumstances, it is necessary to appoint the Commissioner to visit the
suit premises and to note down the activities going on the spot. It will
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also be useful to direct the Commissioner to allow the commissioner and
parties to take the photographs during the Commissioner's work so that
the actual position on the site can be brought before this Court.
5. Considering the nature of work, seen the photographs, if the
parties are directed to maintain status quo in respect of the suit premises,
no harm or injury will be caused to either of the parties. In case, it is
found that the ground on which status quo is granted at the instance of
plaintiff is without substance, plaintiff can be directed to compensate the
loss suffered by defendant No.1, due to grant of status quo. Hence, the
order:
ORDER
1. Parties are directed to maintain status quo in respect of the suit
premises.
2. The Court Commissioner is appointed to visit the suit premises and
to submit a detail report along with photographs in respect of the
activities going on in the suit premises.
3. The tentative expenses of Court Commissioner shall be born by the
plaintiff presently quantified at Rs.3,000/.
4. The Registry to appoint a responsible officer of this Court to visit
the suit premises and act as Court Commissioner.
5. Leave is granted to register Notice of Motion.
6. Defendant to file reply to Notice of Motion.
(A.N. MARE)
Judge,
19.07.2019 City Civil Court, Mumbai.
Dictated On : 19.07.2019
Transcribed on : 19.07.2019
HHJ Signed on : 02.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
02.08.2019 03.10 p.m. S.S.POUL (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
19.07.2019
JUDGEMENT /ORDER signed by
P.O. on
02.08.2019
JUDGEMENT /ORDER uploaded
on
02.08.2019
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