Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
NOTICE OF MOTION NO.3113 OF 2019
IN
S.C. SUIT NO.1801 OF 2018
Mr.Gangadhar S/o.Bhagoji Dhokare
Aged about 74 years,
of Bombay, adult, Indian Inhabitant,
Residing at 5/305, MHB Colony, Abhyudaya
Nagar, Kalachowki, Mumbai-400 033. ..Plaintiff
Versus
Smt. Deepali d/o.Madhukar Saudhankar
Age 29 years
C/o. Mr.Kishor Shenoy, Surya Enclave,
Building No.1, 2nd Floor, Tulsidham,
Thane(W)-400 610. ..Defendant
Adv.Gopal Jaitly h/f Adv.Saraogi for the plaintiff
Adv. Ms.Neeta Patil for defendant
CORAM: HIS HONOUR JUDGE
SHRI M.SALMAN AZMI
DATE: 07/10/2020
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ORAL ORDER
1. This notice of motion is tendered by the plaintiff
interalia for claiming relief that defendant be
restrained from utilising the name and surname of
the plaintiff or by showing any relation with the
plaintiff before the public at large.
2. Heard.
3. It is the contention of the plaintiff that he is totally
unaware about any relationship between his son and
defendant. His son and defendant had also filed
necessary petition before Family Court for decree of
divorce. The said proceedings is filed only to have
eye wash in the matter and they do not intend to
separate from each other. Plaintiff claims to be from
respectable Maratha community and defendant is
damaging his reputation in the society by
misbehaving and misrepresentations. She cannot be
permitted to defame reputation of the plaintiff. Since
plaintiff has disowned his son and therefore his son
has no right to utilize his name as parents or his
surname. In this context, this notice of motion is
filed.
4. Ld. Counsel for the defendant argued that there is
nothing to show that defendant has defamed the
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plaintiff. The defendant, after marriage is entitled to
put the name of her husband and his family.
5. At the outset the allegations made by the plaintiff
against his son in this notice of motion cannot be
taken into consideration for the reason that his son is
not party to the present suit. The relief claimed in
the notice of motion finds no place in the plaint. It is
settled principle of law that the interim relief is in aid
to the main relief. In the entire plaint there is no
whisper about the facts pleaded in this notice of
motion and reliefs claimed and therefore on this
count the plaintiff is not entitled for the relief in this
notice of motion.
6. The plaintiff failed to point out as to how the
defendant has defamed him in the society. The
notice of motion is silent as regard misrepresentation
made by the defendant using the name of the
plaintiff and the surname. Not a single instance is
pointed out wherein the name of the plaintiff is used
by the defendant and thereby misrepresented the
public at large. The plaintiff failed to point out as to
how by using his name defendant has defamed him.
In the absence of any material to that effect, the
relief claimed in the notice of motion cannot be
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considered. Hence, it is expedient to pass following
order:-
ORDER
1.N/M No.3113/2019 stands rejected.
2.Costs in the cause.
07/10/2020 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 07/10/2020
Transcribed on : 15/10/2020
Signed on : 16/10/2020
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
22/10/2020 at 2.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.01
Date of Pronouncement of judgment/
order
07/10/2020
Judgment and order signed by P.O. 15/10/2020
Judgment/order uploaded on 22/10/2020
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