Full Order Text
Order 1 · 16 Apr 2019 · CNR MHCC010074282018
Order Details: Notice of Motion Pdf Text: 1/2 NM No.2299/18 in Su.1427/2018 IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI CNR No. : MHCC010074282018 NOTICE OF MOTION NO.2299/2018 IN SUIT NO.1427 OF 2018 Mohd. Ashraf Mumtaz Ali Qureshi & Anr. ...Plaintiffs V/s. Mohd. Shahrukh Asharaf Qureshi & Anr. ...Defendants Adv. Singh for plaintiffs. Exparte against defendants. CORAM : HHJ Shri. G.R. Agrawal C.R. No.3 DATED : 16.4.2019. ORDER (Dictated in open court) By this notice of motion, the plaintiffs are seeking temporary injunction to restrain the defendants from entering upon or remaining in the 'suit premises'. By order dated 14.9.2018, suit is proceeded ex parte against defendants. 2. The Ld. Counsel for plaintiffs has filed written submissions in support of notice of motion. Perused the record. 3. The plaintiffs have filed the original suit for declaration that the defendants have no right to enter upon and/or remaining upon the suit premises. Thus, the prayer in the suit and present motion is identical. -- 1 of 3 -- 2/2 NM No.2299/18 in Su.1427/2018 4. The plaintiffs are parents of defendant no.1 and defendant no.2 is their daughter in law. The plaint and supporting documents reveal that the defendant no.2 has lodged FIR against the plaintiffs and offences u/secs. 376, 498A, 504, 506 and 34 of IPC are registered against them. A perusal of the FIR shows that very serious allegations are made against the plaintiffs. 5. There is no primafacie material to show that the defendants are trying to enter the suit premises forcibly. It is pleaded in paragraph no.16 that the defendants are not residing in the suit premises. Hence the apprehension of the plaintiffs is unjustified. The plaintiffs have not shown that they will suffer irreparable injury if injunction is refused. The balance of convenience does not lie in favour of plaintiffs. Hence, the following order. ORDER Notice of motion no. 2299/2018 is dismissed. (G.R. Agrawal) Judge City Civil Court, Gr. Bombay. Dictated on : 16.4.2019 Transcribed on : 25.4.2019 Signed on : 25.4.2019 “CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 26.4.2019 at 2.55 pm (Mrs. S. W. Tuscano) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court room no.) HHJ Shri G. R. Agrawal, C.R. No.3 Date of Pronouncement of 16.4.2019 -- 2 of 3 -- 3/2 NM No.2299/18 in Su.1427/2018 JUDGMENT/ORDER JUDGMENT/ORDER signed by P.O. on 25.4.2019 JUDGMENT/ORDER uploaded on 26.4.2019 -- 3 of 3 --