Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Ord. in NM no 2857 of 2019 in Suit no. 2456 of 2018
MHCC010078842019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER IN NOTICE OF MOTION NO.2857 OF 2019
IN
SUIT NO.2456 OF 2018
Mrs.Sushma Milan Dolas ...Plaintiff
V/s
1. Mr. Vijay Raghunath Kokare & Ors. ....Defendants.
CORAM : HIS HONOUR JUDGE
SHRI R.R. PATARE
(COURT ROOM NO. 01)
DATE : 27th DAY OF FEBRUARY, 2024
-: Appearances:-
Adv. S.M.Suryawanshi for the plaintiff
Adv. Jagtap for defendant no.1.
ORAL ORDER
From the pleadings of parties following point arises for
my determination in this Notice of motion and I have answered the
same for the reasons stated hereunder:
Sr.
No
Points Findings
1. Whether plaintiff has made out
prima facie case for grant of order
of injunction as prayed?
In the affirmative
2. Whether balance of convenience is In the affirmative
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2 Ord. in NM no 2857 of 2019 in Suit no. 2456 of 2018
in favour of plaintiff ?
3. Whether plaintiff is suffer
irreparable loss ?
In the affirmative
4. What order ? As per final order.
2. Perused pleadings and heard both the Advocates for the
parties. This notice of motion is taken out by the plaintiff Under
Order 39 Rule 1 and 2 of Code of Civil Procedure seeking order of
injunction restraining the defendants from creating third party
interest in respect of flat no.601, situated on 6th floor of A’ Wing
building no. A/2 called Neelyog Apartment’, Pantnagar, Ghatkopar
(East), Mumbai. (Herein after referred as ‘Suit flat’ for the short).
The plaintiff also seek relief of declaration of ownership and order for
eviction of defendant no.1 from the suit flat. At the outset, it is to be
noted that prayer clause (a) and prayer clause (b) are in the nature of
final relief and cannot be considered at this stage. The learned
advocate for plaintiff has pressed prayer (d) of notice of motion for
hearing.
3. It is admitted fact on record that suit flat was jointly
acquired in the name of plaintiff and defendant no.4. The title
document is at Exhibit-A’ of the plaint. The copy of agreement for
leave and license executed by plaintiff and defendant no.4 is also on
record at Exhibit-C’ of the plaint. The Power of Attorney Exhibit-E’ of
the plaint shows that the plaintiff has assigned all powers in respect
of suit flat in favour of defendant no.4. However, the said power of
attorney is unregistered. It has come on record that defendant no.4
has executed agreement for sale in favour of defendant no.1 and he is
put in possession of the suit flat. The said fact is also not in dispute in
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3 Ord. in NM no 2857 of 2019 in Suit no. 2456 of 2018
the present case. The plaintiff suit is for relief of declaration of title.
In the above back drop, it is just necessary to maintain status-quo as
regards title of suit flat till the final decision of suit to avoid further
litigation between the parties. The plaintiff has produced on record
prima facie documents to show her title to the suit flat. From the
defence statement it is seen that the defendants are interested to deny
the right of plaintiff to the suit flat. In case of refusal of order of
injunction the plaintiff will suffer irreparable loss. The balance of
convenience lies in favour of plaintiff. In the result, point no.1 to 3
are answered in the affirmative and following order is passed:-
ORDER
1. Notice of motion no 2857 /2019 is hereby partly
allowed in the following terms :-
(a) The defendants are hereby restrained from creating third
party interest in the suit flat by way of sale, mortgage etc. till the final
decision of suit.
2. Notice of motion disposed off with no order as to costs.
(R.R.Patare)
Judge, City Civil & Sessions
Court,Gr.Mumbai
Date:.27.02.2024 (C.R. No.1)
Dictated on : 27.02.2024
Direct Typed on:27.02.2024
Signed on : 27.02.2024
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4 Ord. in NM no 2857 of 2019 in Suit no. 2456 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE 27.02.2024 NAME OF STENOGRAPHER(G-I)
Mrs. V. V. Mhatre
sTIME:
Name of the Judge (With Court room no.) HHJ Shri R. R. Patare
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 27.02.2024
JUDGMENT/ORDER signed by P.O. on 27.02.2024
JUDGEMENT/ORDER uploaded on 27.02.2024
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