Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Draft Notice of Motion
In
Suit No 1615 of 2018
Gajanan Shankar Satam ..Plaintiff
V/s
Municipal Corporation for Greater Mumbai .....Defendant
Advocate Nikhil Rajeshirke for plaintiff
Advocate Mr. Sutar for defendant/ MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 7th July 2018.
(Court Room No.06)
O R D E R
1 Plaintiff has taken out this draft notice of motion to
restrain defendant/corporation, Gr. Mumbai from demolishing the suit
premises i.e. room No.3, Chawl No.1 Lotankarwadi, Behind Sitladevi
Temple, Sant Gadge Maharaj Path, Mahim (West) Mumbai400 016 on
the basis of notice dated 23/02/2018 and order dated 18/06/2018.
2 According to plaintiff, he is a tenant and in possession of
the suit premises. One Mohammedalli Shaikhlal is the landlord of the
said premises. Initially the tenancy was created in the name of
plaintiff's father in the year 1937. Thereafter, tenancy transferred in the
name of plaintiff. Plaintiff pays rent to the landlord. Plaintiff has not
made any addition and alteration to the suit premises. The suit
premises is assessed by defendants. In the year 1979, landlord
Mohammedalli was intending to redevelop the said plot and
accordingly he had applied to the defendant for permission of
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construction. There was apprehension to the plaintiff and other
occupants of forceful dispossession therefore they have filed the suit
before the court of Small Cause Court, Mumbai. There possession of
the plaintiff and others is protected by the Court of Small Causes Court,
Mumbai.
3 Thereafter, in the year 198283 the landlord has
constructed ground+ 7 storied building in front of the suit premises
namely "Kshitij". The members of the said building formed Cooperative
Housing Society. However, the said building became dilapidated and
the defendant issued a notice on 15/5/2014 U/s 354 of MMC Act.
However the said members of the society carried repairs. The said
building was in front of the suit premises and therefore plaintiff filed
writ petition no. 1263 of 2017 in the Hon'ble High Court. The said writ
petition is pending.
4 According to the plaintiff, defendant issued a notice to the
plaintiff dated 23/2/2018 U/s 351 of MMc Act. Plaintiff gave reply to
the defendant. However, defendant did not consider the reply and
passed the order. Therefore, plaintiff had filed L.C. suit no.873 of 2018.
This court had directed the defendant to consider the reply and
documents filed by the plaintiff and then pass order but defendant has
not considered the documents filed by plaintiff and passed order. The
order is null and void. Plaintiff has not made any addition or alteration.
Hence, prayed to grant interim protection.
5 I have heard Shri Rajeshirke advocate for plaintiff and Shri
Sutar advocate for defendant/MMC.
6 I have perused the documents filed by the plaintiff.
7 Plaintiff is the tenant of suit property. It appears that there
is dispute between the plaintiff and landlord and also the suit is
pending in the court of Small Causes Court, Mumbai. The building
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Kshitij which is in front of suit premises is according to defendant
corporation is dilapidated and notice was issued U/s 354 of the MMC
Act. Plaintiff has also filed writ petition bearing no. 1263/2017 in the
Hon'ble High Court.
8 Earlier plaintiff's father was the tenant of the suit premises.
Now plaintiff alongwith his family resides in suit premises. From the
photographs it appears that the structure is old one. There are triable
issues between the parties. Hence in such a circumstances, I find that
plaintiff is entitled for ad interim relief. Hence following order:
ORDER
1 Ad interim relief in terms of prayer clause (a) in draft
notice of motion is granted.
2 Draft Notice of motion be registered.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 7/07/2018
Typed on : 7/07/2018
Signed by HHJ. :7/07/2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
1172018 Mrs. S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
7/07/2018
JUDGEMENT/ORDER signed by
P.O. on
7/7/2018
JUDGEMENT/ORDER uploaded
on
11/7/18
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