Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010096492019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.3533 of 2019
IN
S.C. SUIT NO. 2232 OF 2019
Mr. Mohammed Feroz S/o Mohammad Farooque. ...Plaintiff.
Versus
M/s. Square Housing Development Corporation and Ors. … Defendants.
Appearance:
Adv.Vinlesh Singh for plaintiff.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 16th February, 2023
ORAL ORDER
Heard advocate for the plaintiff. Perused pleading. This notice of
motion is taken out by the plaintiff seeking direction against defendant
for payment of arrears of monthly rent/compensation for transit
accommodation in terms of agreement Exh.E. The plaintiff also seek
order of injunction restraining the defendant from creating third party
interest in the newly permanent alternate accommodation to be
provided to the plaintiff. Similar reliefs are also claim by the plaintiff in
the suit. Agreement for alternate accommodation executed between
plaintiff and defendants is brought on record at Exh.A. From the bare
perusal of documents, it is seen that property i.e., shop is not described
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ORDER ..2..
in the agreement. It is further seen that plaintiff was monthly tenant in
respect of shop in the building known as Khatijabai Chawl. However,
shop number and its area is not described in the agreement. It is also
noteworthy to see that the property to be allotted by way of permanent
alternate accommodation is also not described in the said agreement.
IOD issued in favour of defendant is brought on record at Exh.B.
Commencement certificate issued in the name of defendant is also on
record. The plaintiff is relying on list of tenant filed at Exh.D and tried
to demonstrate that the plaintiff was tenant of shop no.4. However, no
reliable and convincing document to that effect is brought on record.
2. The defendant filed written statement and denied the claim of
plaintiff. It is contended that the agreement relied on behalf of plaintiff
is forged and fabricated. It is further contended that father of plaintiff
has received permanent alternate accommodation in terms of
conveyance executed between the parties. The plaintiff is seeking final
relief by way of present notice of motion. It is settled that final relief
cannot be granted by way of interim application. In such circumstances,
the prayer of notice of motion cannot be granted. Hence following order
is passed.
ORDER
Notice of Motion No.3533 of 2019 is hereby rejected with no
order as to costs.
(R.R. Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 16.02.2023
Typed on : 16.02.2023
HHJ signed on : 16.02.2023
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ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 16.02.2023, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R. Patare.
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
16.02.2023
JUDGMENT/ORDER signed by P.O.
on
16.02.2023
JUDGMENT/ORDER uploaded on 16.02.2023
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