Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Suit No. 2675/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
L. C. SUIT NO. 2675 OF 2019
(CNR NO. MHCC010093022019)
Mr. Asif Yusuf Shaikh ...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai & Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 14th NOVEMBER, 2019.
Mr. Sagar Batvia, Advocate for Plaintiff.
Mr. Giri, Advocate for Defendant MCGM.
ORDER
Heard ld. advocate Batvia for plaintiff, requested for urgent
adinterim temporary injunction. The suit property is 7 storied building
as per Exh.B annexed with plaint i.e. Plot No. 77, Sheet No. 77, Ward
"L". Ld. advocate Giri for defendant no.1 MCGM submitted that he has
to obtain the instructions in respect of various photographs filed by the
plaintiff. However advocate Batvia is not ready to adjourn the matter
and insisted for urgent interim order.
2. Ld. advocate Giri requested to peruse orders of this Court
in Notice of Motion No. 1982/2019 dated 02/11/2019 and order in
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Draft N/m in Suit No. 2675/19. 2 Order.
Notice of Motion No. 3559/2019 dated 24/10/2019.
3. According to ld. advocate Batvia for plaintiff, defendant
no.1 has started demolition of second floor. It is requested that
demolition has to begin from 7th floor towards ground floor and not
viceversa. It is admitted that plaintiff has purchased the suit property
from Kamrunnisa i.e. original owner. Defendant nos.2 to 4 are legal
heirs of Kamrunnisa.
4. According to plaintiff, the structure in total in itself is
illegal. It was demolished, however it was reconstructed again and
there is no document with plaintiff to show that there is legal and valid
permission with plaintiff.
5. On perusal of aforesaid order dated 02/11/2019 and
24/10/2019, no injunction has been granted by this Court against
defendant no.1. On the contrary, in operative part para 3, it is
specifically mentioned that defendant no.1 may obtain action in
accordance with law.
6. There is no reply on behalf of plaintiff in respect of valid
permission as a query raised by ld. advocate for defendant. It is not
disputed that plaintiff has entered into the shoes of original owner i.e.
Mrs. Kamrunnisa and suit preferred by him i.e. 661/2019 is disposed
off. In short, motion is devoid of merit. Hence the order :
ORDER
1. Motion at the draft level stands rejected.
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Draft N/m in Suit No. 2675/19. 3 Order.
2. Draft motion be register for the statistical purpose.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 14/11/2019. Mumbai.
1. Dictated on : 14/11/2019.
2. Transcribed on : 16/11/2019.
3. Signed on : 16/11/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/11/2019. 12.06 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 14/11/2019.
Judgment/Order signed by P.O. on 16/11/2019.
Judgment/Order uploaded on 25/11/2019.
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