Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 3171 OF 2019
(CNR NO.MHCC01-008633-2019)
IN
L.C. SUIT NO. 2085 OF 2019
Mr. Abbas Ali Mohammed ]
Kallu Shah. ].. Plaintiff.
V/s.
1. Municipal Corporation of ]
Greater Mumbai and Another. ]..Defendants.
Advocate Mr. Ravindra Singh for the plaintiff.
Advocate Ms. Chandramore for defendant No1./BMC.
Advocate Mrs. Subhedar for defendant No2/MMRDA.
CORAM : HIS HONOUR JUDGE
MR. SITARAM N. PATIL
(C.R.NO.09)
DATE : 24th FEBRUARY 2023
ORAL ORDER
The plaintiff has filed this Notice of Motion for temporary
injunction restraining the defendants and also seeking directions not to
remove suit structure without following due process of law.
2. The defendants have not filed reply to the Notice of
Motion. Heard both the sides.
3. Read the affidavit filed in support of Notice of Motion and
plaint. The plaintiff has filed suit for declaration. It is contended that
-- 1 of 5 --
2
the plaintiff is the owner of the suit premises as per the documents
executed by the original owner on 08.12.1992. He is in possession of
the suit shop and carrying on business. The defendant No.1 has issued
Registration Certificate in the name of the plaintiff of the suit premises
for running business. The defendants also accepting the taxes from the
plaintiff.
4. The learned advocate appearing on behalf of the plaintiff
vehemently argued that as per the execution of the affidavit by the
original owner on 08.12.1992, the possession and title of the suit shop
handed over the the plaintiff. The plaintiff running a business of
sugarcane juice. The plaintiff paid municipal taxes to defendant No.1.
The defendant No.1 has issued the certificate for running the shop. It
appears that the plaintiff is in possession of the suit shop since long.
5. The learned advocate appearing on behalf of defendant
No.1 submitted that the plaintiff has placed on record affidavit which is
not the document of title of the suit shop. The description of the suit
shop is vague. The plaintiff has not placed on record the licence. The
document produced by the plaintiff shows that the certificate is based
on the application and the uploaded self certified documents and
declaration given by the applicant, without physical verification of the
existence of establishment, the nature of business carried out and the
details mentioned in the application. This is a just certificate of
registration and does not give any right of the property or possession
title of the property.
6. The defendant has not filed written say. The documents
placed on record, it appears that though the plaintiff is not owner of the
-- 2 of 5 --
3
suit premises. As per the affidavit, it seems that he is in possession of
the suit premises. The original owner has not taken any objection. He
is running business of selling sugarcane juice in the suit premises is not
denied. The defendant also not denied that the plaintiff is running a
shop and certificate issued by the defendant. It appears that though the
defendant has failed to prove is ownership over the suit premises by
filing cogent documents. The documents placed on record by the
plaintiff is not document of title to transfer the suit premises. But it
appears that the plaintiff is in possession of the suit shop and that was
not denied by the original owner and the defendant. The plaintiff only
claiming injunction and restraining the defendants not to evict the
plaintiff without following due process of law. The defendant Nos.1 and
2 are the undertaking Government officials. They bound to follow the
procedure.
7. In such circumstances, it will better to allow the Notice of
Motion. Hence, Notice of Motion deserves to be allowed.. With this, I
proceed to pass the following order:-
ORDER
1. Notice of Motion No. 3171 of 2019 is made
absolute.
2. The defendants be restrained by an order and
injunction not to vacate or demolish the suit premises
without following due process of law.
3. The defendants are further directed not to remove
or demolish the structure by vacating the plaintiff from the
suit premises without following due process of law.
-- 3 of 5 --
4
4. Notice of Motion No.3171 of 2019 stands disposed
of accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date: 24/02/2023 Gr. Bombay.
Dictated on : 24/02/2023
Transcribed on : 28/02/2023
Signed on : 28/02/2023
-- 4 of 5 --
5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01/03/2023 At 11.50 a.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
24.02.2023
Judgment/Order signed by P.O. on 28.02.2023
Judgment/Order uploaded on 01.03.2023
-- 5 of 5 --