Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NOTICE OF MOTION NO. 2729 OF 2019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 2729 OF 2019
IN
S. C. SUIT NO. 1026 OF 2011
Mrs. Hema Harishchandra Hiwalkar & another ]..Plaintiffs
V/s
Mrs. Manisha Ravindra Hiwalkar & others ]..Defendant
Advocate Ms. Shakuntala A. Mudbidri for the plaintiffs.
Advocate Mr. Shrinivas Singh for defendant No.1.
None present for defendant Nos.2 and 3.
Advocate Mrs. Prabhu for MHADA/defendant No.4.
CORAM : HIS HONOUR JUDGE
S.R. SALUNKHE.
(C.R. No. 12)
DATE : 17th JUNE, 2020
ORAL ORDER
This notice of motion is taken out by the plaintiff No.1
praying to restrain the defendant No.2 and 3 from executing an
agreement/deed exclusively in favour of the defendant No.1, thereby
allotting permanent alternative accommodation to her in redeveloped and
reconstructed building in lieu of original surrendered structure No.43, 1st
Floor, Deen Building Chawl, N.M. Joshi Marg, Mumbai400011 and further
directing the defendant No.1 to deposit in Court plaintiffs’ 2/5th share in
amount received by her from the defendant No.2/developer towards
compensation and permit the plaintiffs to withdraw the same.
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2 NOTICE OF MOTION NO. 2729 OF 2019
2. As it appears from the rival pleadings, the original structure
was surrendered by the defendant No.1 to the defendant No.2/Developer
for redevelopment and she was receiving the rent/compensation during
redevelopment. The property has been redeveloped and now the plaintiffs
apprehend that the defendant No. 2 would allot reconstructed alternative
premises to the defendant No. 1 exclusively. The plaintiffs are claiming
2/5th share in that premises by succession. The defendant No.1 has
denied any such right of the plaintiffs and she claims her exclusive right,
title and interest in the said premises. The issues are framed and the trial
of the suit is commenced.
3. Under this backdrop, the reliefs as claimed in this notice of
motion appear to be premature in nature. The plaintiffs have to first prove
their right over the premises in question. If they succeed to prove the
same, execution of any agreement or deed in between the defendant No.1
and 2 will not come in the way of the plaintiffs to get their rights therein
and to recover an amount of compensation of their share. As such, I find
no case in favour of the plaintiffs to grant any relief as asked by them. The
notice of motion is devoid of merit and therefore, it is liable to be
dismissed. In the result, the following order.
ORDER
1. Notice of Motion No.2729 of 2019 is dismissed.
2. In the circumstance, no order as to cost.
3. Notice of Motion No.2729 of 2019 stands disposed of.
(S. R. SALUNKHE)
Judge,
City Civil Court,
Date: 17/06/2020. Gr. Bombay.
Dictated on : 17/06/2020
Transcribed on : 17/06/2020
Signed on : 17/06/2020.
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3 NOTICE OF MOTION NO. 2729 OF 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/06/2020 At 01.40 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
17/06/2020
Judgment/Order signed by P.O. on 17/06/2020
Judgment/Order uploaded on 18/06/2020
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