Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M. No. 3793 of 2023
CNR: MHCC01-011294-2023
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
NOTICE OF MOTION NO.3793 OF 2023
IN
L.C. SUIT NO. 2410 OF 2019
Manoj Jivan Khuman .. Plaintiff
V/s.
1 Municipal Corporation of
Greater Mumbai & Ors. .. Defendants
Appearance:-
Adv. Babita Pandey for plaintiff.
Adv. G. V. Jawale for MCGM/defendant No.1
None for defendant No.2 to 4.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
SHRI. R. M. MISHRA
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 21/08/2024.
ORDER
By this Notice of Motion, the plaintiff has prayed for issuing
the directions to the defendant No.1 to hand over the possession letter
and allotment letter with respect to the Flat No. 1806, 18th Floor,
Building No.B1, Tardeo, Mahalaxmi allotted in lieu of BMC staff
quarters situated in BMC Colony No.C, Room No. 25, Tulsiwadi, B.R.
Marg, Tardeo, Mumbai.
2 Perused affidavit in support of the Notice of Motion and the
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reply-cum-written statement of the defendant No.1/MCGM. Heard both
sides.
3 As can be seen from the written statement of the defendant
No.1, since the defendant No.1/MCGM has not disputed that the
plaintiff is the original room holder i.e. the principal tenant and he has
been allotted alternate accommodation in the newly constructed
building admeasuring 300 sq. ft. at B1 Tower, Room No. 1806, Tulsi
Shyam CHS Ltd., S. K. Rathod Marg, Dr. Ambedkar Nagar, Mahalaxmi,
Mumbai in lieu of staff tenement. It is the contention of the defendant
No.1/MCGM that the Municipal Commissioner by an order dt.
11/06/2013 directed that the employees residing in servant quarters
will be allotted the room in newly constructed rehabilated building i.e.
Tulsiwadi Tardeo, Mumbai. It is further contended that as per the then
Municipal Policy, the old staff quarters has been demolished in the year
2019 and all the occupants of the said chawl have been shifted to the
newly constructed building, B1 Tower, Room No. 1806, Tulsi Shyam
CHS Ltd.
4 The defendant No.1/MCGM has specifically contended in
para. 5 (d) that the possession of the tenement at newly constructed
building has been given by the developer i.e. by the defendant No.2 and
the defendant No.1 though has kept ready the allotment letter of the
plaintiff, the plaintiff never came to collect his allotment letter of the
newly allotted suit premises, therefore, the defendant No.1 put the
plaintiff to the strict proof thereof.
5 Upon careful perusal of the affidavit of the plaintiff in
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support of the Notice of Motion, it reveals that in para. 3 of the
affidavit, the plaintiff has specifically contended that the Flat No. 1806,
18th Floor, Building No.B1, Tardeo, Mahalaxmi allotted in lieu of old
room No.25 is in possession of the defendant No.4 who is no longer
plaintiff’s wife in view of passing a decree of divorce by the Family
Court in Divorce Petition No. A-2177 of 2019. Therefore, what can be
transpired from the averments in the affidavit in support of the Notice
of Motion is that the plaintiff has not disputed that the defendant No.4
is in possession of the newly allotted premises against whom decree of
divorce has been passed by the competent Court. In fact, the defendant
No.1/MCGM has not disputed in its reply-cum-written statement that
the plaintiff was the principal tenant of the old premises and he has
been allotted the room/flat No. 1806. In these circumstances, in my
considered view, without going into the aspect of the possession of the
said newly allotted premises, the defendant No.1 can be directed to
hand over the allotment letter of the said new premises to the plaintiff.
At the cost of repetition, it is already discussed that the defendant
No.1/MCGM has specifically contended in para 5 (d) of the reply-cum-
written statement that the defendant No.1 though kept ready the
allotment letter of the plaintiff, it is the plaintiff who never came to
collect his allotment letter of the newly allotted premises. In this view
of the matter, following order, in my view, will meet the ends of justice.
Therefore, following order is passed.
ORDER
1 Notice of Motion No. 3793 of 2023 is partly allowed.
2 The defendant No.1/MCGM is directed to hand over the
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allotment letter of the newly allotted Flat No. 1806, 18th Floor, Building
No. B1, Tardeo, Mahalaxmi in favour of the plaintiff.
3 Costs in cause.
4 Notice of Motion stands disposed off accordingly.
Date:21/08/2024. (R. M. Mishra )
Dictated on :21/08/2024. Judge, City Civil Court,
Typed on :21/08/2024. Gr.Mumbai.
Signed on :21/08/2024.
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5 N.M. No. 3793 of 2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/08/2024. 12.45 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Shri. R. M. Mishra
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
21/08/2024.
JUDGMENT/ORDER signed by P.O.on 21/08/2024.
JUDGMENT/ORDER uploaded on 22/08/2024.
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