Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: NM-2390-18 Suit.2400-12
CNR NO. MHCC01007707 2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.2390 OF 2018
IN
S.C. SUIT NO.2400 OF 2012
Mr. Dilip Chintaman Naik ].. Plaintiff.
Versus
Mr. Krishnakant Chintaman Naik ] .. Defendant.
CORAM: HER HONOUR JUDGE
BHARTI KALE
(C.R. No. 15).
DATE: 18th September, 2018.
Adv. Jagtap for plaintiff.
Adv. B. Unikrishnan for defendant.
ORDER
The defendant has taken out this notice of motion
restraining the plaintiff from disturbing the defendants from carrying on
the business of making Ganpati Idols, disturbing and possession of the
defendant on the suit premises and from taking any electric connection
from the electric meter installed in the name of the defendant.
2. The defendant has submitted that the plaintiff has filed the
suit for injunction and defendant has denied that the plaintiff is in
possession of the suit premises. The plaintiff is having ration card of
Bhayandar. The plaintiff and his wife are only visiting the suit premises
and he had paid charges of the society and building maintenance. The
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plaintiff and his wife are constantly harassing the defendant and trying
to take illegally electric connection from his meter. The defendant is
having the shop and establishment license and the plaintiff is
obstructing him in carrying out the business. Therefore, he has taken
out notice of motion.
3. The plaintiff has denied that he is residing at Bhayandar
and stated that his son and daughterinlaw are residing there. He has
denied that any ration card is obtained on the address of the Bhayandar
and in fact the defendant is having premises at Dombivali. The
business of preparing idol is carrying out by the plaintiff and defendant.
The plaintiff was giving amount to the defendant for society charges
and the defendant was paying the same. The defendant is disturbing
the plaintiff by storing dry fish and not allowing the plaintiff to use the
electricity. Hence, he has prayed for dismissal of the notice of motion.
4. Heard Advocate for the plaintiff and defendant.
5. Following points arise for my determination and I have
recorded my findings thereon for the reasons to follow.
POINTS FINDINGS
1. Whether the defendant is entitled for
the reliefs claimed ? : No.
2. What order ? : As per final order.
REASONS
Point No.1 :
6. The Advocate for the defendant at the outset submitted
that the plaintiff is having his own premises at Bhayandar and the
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ration card of the said premises was in the name of the plaintiff and he
has deleted his name and now ration card is in the name of the
plaintiff's son. The plaintiff and his wife are occasionally visiting the
suit premises. They are harassing the defendant and his wife by coming
to the suit premises He is carrying out the work of preparing the idols
and the Shop and Establishment License is in his name. The electricity
meter is also in his name. The Shop and Establishment License in the
name of the defendant. There is no question of plaintiff carrying out
the work and hence false suit is filed.
7. The Advocate for the plaintiff has submitted that the
plaintiff is residing in the suit premises as the premises belong to the
father of the plaintiff and defendant. The suit premises is tenanted
premises. The plaintiff is not having any premises at Bhayandar and the
plaintiff has also contributed to the society charges by paying to the
defendant. The plaintiff has also right to used electricity meter and
therefore defendant is not entitled for the relief claimed.
8. I have perused the record of the case. The electricity bill
produced on record shows that the electricity meter is in the name of
the defendant. The plaintiff has submitted that he is also doing the
work of making idol. However, the Shop and Establishment License is
in the name of the defendant. The defendant has produced passbook to
show that he has paid society charges. The contention of the plaintiff is
that he was also paying charges to the defendant and then defendant
was paying the same to the society. However, the same does not appear
to be correct for the reason that it is stated in the plaint that since about
1986 the relations between the plaintiff and defendants are strained
and there are constant quarrels between them. The defendant has not
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stated in what manner the plaintiff is trying to disturb his possession or
his work of preparing the idol. The season of preparing the idol is
already over. In this background, I do not find that the defendant is
entitled for the reliefs claimed. The defendant has not stated in what
manner the plaintiff is trying to take illegal electric connection.
Therefore, I do not find that the defendant is entitled for any interim
relief. The suit is also fixed for evidence and the plaintiff has filed
evidence affidavit and documents. In this factual aspect, I find that it
would be just and proper that matter is proceeded on merits.
Therefore, I answer Point No.1 in negative and proceed to pass the
following order.
ORDER
i) The Notice of Motion No.2390 of 2018 is dismissed.
ii) Accordingly, notice of motion is disposed of.
(BHARTI KALE )
Judge
City Civil Court, Gr. Bombay.
Date : 18/09/2018
Dictated on: 18/09/2018
Transcribed on: 24/09/2018
Signed on: 24/09/2018
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
24/09/2018 at 4.35 p.m
UPLOADED DATE AND TIME (DASTAGIR B. MULLA)
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.
H.H.J. BHARTI KALE (Court
Room No.4)
Date of Pronouncement of
Judgment/Order
18/09/2018
Judgment/Order signed by P.O.on 24/09/2018
Judgment/Order uploaded on 24/09/2018
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