Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: NM 312219 IN L.C.STAMP 889919
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO.3122 OF 2019
IN
L.C. STAMP NO.8899 OF 2019
Mr. Bachchalal Jagdamba Sharma ]...Plaintiff
Versus
1. The Municipal Corporation ]
of Gr. Mumbai. ]...Defendants
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 28th AUGUST, 2019.
Mr. Rajesh Singh, Advocate for Plaintiff.
Mr. Giri, Advocate for defendant/B.M.C.
ORAL ORDER
1. The plaintiff has filed present suit to challenge a Notice under
Section 354A of the MMC Act in respect of the suit premises i.e. Room
No.4, Ground floor, Near RadhaKrishna Mandir, Dargah Road,
Khindipada, Bhandup (West), Mumbai 400 078. Considering the
submissions advanced before the Court the statusquo was directed to
be maintained by the parties in respect of the suit premises as seen in
photograph X1. On 21.8.2019, when the matter was taken up, the
officers of defendant Corporation Mr. Barwade submitted that the
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structures in the photographs submitted by the plaintiffs are not being
touched. According to him the structures which were being demolished
in accordance with the impugned notice were not the suit premises. He
undertook to submit a rough sketch map showing exact location of the
structures as well as suit premises.
2. Today the defendant has filed a list Exh.5 with a rough sketch
map. In said such rough sketch map the suit structure is shown by red
lines encircling it. It is submitted by the defendant that the suit
structure is not the notice structure mentioned in the impugned notice.
3. Advocate Mr. Giri for defendant Corporation, on instructions,
submits that the suit premises are not the notice structures against
which the action is already taken. In view of this Advocate Singh for
the plaintiff submits that in such circumstances, there is no notice
issued to the suit premises. According to him the impugned notices
cannot be implemented against the suit premises.
4. Considering above circumstances, this Court is of the opinion that
when no notice is issued to the suit premises and no action is being
initiated against the suit premises by the defendant, nothing survives in
the suit and it can be disposed of at this stage. Hence the order:
ORDER
1. In case defendant Corporation has to act against the suit premises
it shall follow due process of law.
2. Suit is disposed of in above terms.
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3. Notice of Motion No.3122 of 2019 is also disposed of.
4. Plaintiff to get the suit registered for statistical purpose.
Sd/
(A.N. MARE)
Judge,
28.08.2019 City Civil Court, Mumbai.
Dictated On : 28.08.2019
Transcribed on : 28.08.2019
HHJ Signed on : 30.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
31.08.2019 11.20 a.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
28.08.2019
JUDGEMENT /ORDER signed by
P.O. on
30.08.2019
JUDGEMENT /ORDER uploaded
on
31.08.2019
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