Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.2889-19 in SU No.772-14
CNR NO.MHCC01-007964-19
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2889 OF 2019
IN
L.C. SUIT NO. 772 OF 2014
Piyush Nandkumar Jain …...Plaintif
Versus
Municipal Corporation of Gr.Mumbai ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 06th February, 2020.
Appearance:
Ld. Adv. Ms. Anisha Ansari for the plaintif.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
Ld. Adv. Mr. Gaurav Dave for defendant Nos. 2 & 3.
ORDER
1. Heard Learned Advocate for the plaintif and Learned
Advocate for the defendant corporation and learned Advocate
for defendant Nos. 2 & 3.
2. The plaintif by this notice of motion seeks from the BMC
to conduct inspection and tally the notice structure of the suit
premises i.e. Godown, Ground Floor.
3. The prayer of the plaintif in the suit are for mandatory
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2 NM No.2889-19 in SU No.772-14
directions to remove the unauthorized construction of
structure in suit premises, which is not tallying with the
sanctioned building plan.
4. The notice of motion is replied by the defendant and
contended that the notice of motion is without merit, need not
be entertained and deserves to be dismissed.
5. Admittedly, the issues are framed. The matter is posted
for evidence. The suit is of the year 2014. The plaintif in a
way seeks to appoint a Court Commissioner. The Court
Commissioner cannot be appointed to collect the evidence.
It Is the allegation of the plaintif that the defendant Nos.
1 and 2 have carried out unauthorized construction. The
plaintif cannot seeks directions from the Court, asking the
corporation to inspect the notice structure as it would amount
to collection of evidence. The notice of motion therefore
cannot be entertained.
In the result, following order is passed.
ORDER
The Notice of Motion No. 2889/19 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 06.02.2020 City Civil Court, Mumbai.
Dictated on : 06.02.2020
Transcribed on : 07.02.2020
Signed by HHJ on : 13.02.2020
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3 NM No.2889-19 in SU No.772-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.02.2020 at 5.44 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With
Court Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
06.02.2020
JUDGMENT/ORDER signed
by P.O. on
13.02.2020
JUDGMENT/ORDER
uploaded on
13.02.2020
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