Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3163-19 in S.C.Suit No. 776-2015
1 Date : 23.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3163 OF 2019
IN
S.C. SUIT NO. 776 OF 2015
(CNR NO.MHCC010086192019 )
Mrs. Padma Gopinath Bhat .. Plaintiff
Versus
Mr. Satish Laxman Shenai & Ors. .. Defendants
Appearances :
Plaintiff in person present.
Defendant no.1 and 2 in person present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 23.11.2019
ORDER
1. Ms. Padma Gopinath Bhat filed instant Notice of Motion for
taking action against defendant under contempt of Court Act for
willful breach of interim order dated 01.04.2019 passed in Notice
of Motion No. 1238 of 2015.
2. It is contended by the plaintiff applicant that she is coowner
of suit property and she filed suit for partition and separate
possession. She also filed Notice of Motion No. 1238 of 2015 for
injunction which was allowed by order dated 01.04.2019 by which
the defendants were restrained from creating third party interest
in the suit property.
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NM 3163-19 in S.C.Suit No. 776-2015
2 Date : 23.11.2019
3. It is contended by the plaintiff that the defendant no. 1/
Contemnor flouted the aforesaid order by giving exclusive
possession of Room No. 28, 29 and 30 to Mrs. Deepa Rahul Sapre
who is the daughter of defendant no. 2. Thus, the defendant no. 1
and 2 committed breach of the order. The defendant no. 1 is not
occupying the Room No. 28, 29 and 30.
4. It is contended by the plaintiff that Mrs. Deepa Sapre on
13.04.2019 celebrated Birthday party in the premises which
shows that defendant no. 1 had created third party interest in
favour of Mrs. Deepa Rahul Sapre. Thus, the plaintiff seeking to
take action against the Contemnor and thus prayed for allowing
present Notice of Motion.
5. The respondent opposed the application and denied the
allegations by filing say. Heard both the sides. Perused Notice of
Motion and reply. The plaintiff contended that the daughter of
defendant no. 2 celebrated Birthday Party of her daughter at suit
premises and defendant no. 1 is not staying in the said Room.
Therefore, on the aforesaid pretext, she filed Notice of Motion
alleging that defendant no. 1 has created third party interest.
Admittedly, there is no document of transfer. Mrs. Deepa Rahul
Sapre is the relative of the defendants. In my view, there is no
evidence available on record to show that Mrs. Deepa Rahul Sapre
staying in the suit premises on the basis of transfer of possession.
No third party interest is created in the suit premises. Hence, I do
not find any reason to issue Contempt Notice against proposed
Contemnor. Thus, I proceed to pass the following order :
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NM 3163-19 in S.C.Suit No. 776-2015
3 Date : 23.11.2019
ORDER
1. Notice of Motion No. 3163 of 2019 is hereby dismissed.
2. Parties to bear their own cost.
3. Notice of Motion No. 3163 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 23.11.2019 Greater Bombay.
Dictated on : 23.11.2019
Typed on : 23.11.2019
Draft Submitted on : 23.11.2019
Checked on : 27.11.2019
Signed on : 27.11.2019
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NM 3163-19 in S.C.Suit No. 776-2015
4 Date : 23.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/11/2019 at 12.45 a.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
23/11/2019
JUDGMENT/ORDER signed by P.O.
on
27/11/2019
JUDGMENT/ORDER uploaded on 28/11/2019
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