Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3463-19 in L.C. Suit no.3413-14
1 Date :16.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3463 OF 2019
IN
L.C. SUIT NO. 3413 OF 2014
(CNR NO.MHCC01 0094432019 )
Pradip Pandharinath Mhatre .. Plaintiff
Versus[
Deepak Bhalchandra Mhatre .. Defendant
Appearances :
Adv.Pravin Sawant for plaintiff present.
Adv.Devendra Sharma for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 07
Date : 16.01.2020
ORDER
1. The plaintiff has filed instant Notice of Motion for following
reliefs :
a) That this Hon’ble Court be pleased to grant permission
to the plaintiff to put up new wash basin in the
Bathroom No. 2 at the cost of plaintiff.
b) That this Hon’ble Court be pleased to appoint any
officer of this Hon’ble Court as a Commissioner to visit
the suit site and submit his report to this Hon’ble
Court.
c) Interim and adinterim reliefs in terms of prayer (a)
and (b).
d) That the plaintiff be awarded costs.
e) For such further and other reliefs as this Hon’ble Court
may deem fit.
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NM 3463-19 in L.C. Suit no.3413-14
2 Date :16.01.2020
2. Heard both the sides. The plaintiff in order to show that that
wash basin is damaged, annexed photograph showing damages
caused to the wash basin. It is not in dispute that my Predecessor
vide, order dated 22.12.2014 granted adinterim relief whereby
defendant is prevented from creating obstruction in the use of
bathroom by the plaintiff. Thus, in my view, plaintiff made out the
case for granting reliefs to repair the wash basin. The objection of
the defendant that the plaintiff have no right of access is the
triable issue which can not be considered at the primary stage.
Hence, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 3463 of 2019 is hereby allowed in
terms of prayer clause (a).
2. The plaintiff is hereby granted permission to setup new
wash basin in the bathroom no. 2 at his own cost.
3. The plaintiff to bear cost of Notice of Motion.
4. Notice of Motion No. 3463 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 16.01.2020 Greater Bombay.
Dictated on : 16.01.2020
Typed on : 16.01.2020
Draft Submitted on : 16.01.2020
Checked on : 17.01.2020
Signed on : 17.01.2020
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NM 3463-19 in L.C. Suit no.3413-14
3 Date :16.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/01/2020 at 11.30 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
16/01/2020
JUDGMENT/ORDER signed by P.O.
on
17/01/2020
JUDGMENT/ORDER uploaded on 24/01/2020
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