Interim Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 2048/19 in Suit No. 2824/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2048 OF 2019
(CNR NO. MHCC010116462019)
IN
L. C. SUIT NO. 2824 OF 2019
(CNR NO. MHCC010111612019)
Kumari Farida Bashir ...Plaintiff
Versus
Municipal Corporation Gr. Mumbai & another ...Defendants
And
Noor Mohammad Shaikh ...Applicant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 10th JANUARY, 2020.
Mr. Bukhari, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
Applicant in person.
ORDER
This is a chamber summons taken out by applicant Noor
Mohammad Shaikh to participate him in present proceeding and to add
him as defendant.
2. Perused reply submitted by plaintiff and rejoinder filed by
applicant.
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Ch/s No. 2048/19 in Suit No. 2824/19. 2 Order.
3. Heard applicant Mr. Noor Mohammad Shaikh, party in
person at sufficient length. He added that in the Small Causes Court, in
T.E. Suit No. 220/261/2013 vide order dated 17/09/2019, order of
injunction has been issued against the plaintiff. According to plaintiff,
he purchased the suit premises in the year 2014.
4. Ld. advocate Bukhari for plaintiff and ld. advocate Gada for
other applicants raised strong objection.
5. It is to note that applicant has skillfully avoided to mention
observation of the Hon'ble High Court in Notice of Motion No.
265/2017 in Suit No. 88/2017 dated 06/03/2017, wherein Para No.4
and 5 it is specifically observed that ;
a) Impugned Deed of conveyance dated 22/08/2014 do not
inspire confidence.
b) The said document is neither registered nor contain
sufficient consideration.
c) At the highest, defendant no.2 would be entitle to a
reversionary right in the land.
d) The said Deed is neither adequately stamped nor
registered. Primafacie the Sale Deed does not inspire any
confidence or establish any right as sought to be claimed by
defendant no.2.
6. In Para 5, it is further observed by the Hon'ble High Court
that from bare perusal of the agreement it appear to be different types
of fonts and size of the text. Therefore, the impugned document appear
to be doubtful. In result, locus of applicant as a owner for purchase of
502 sq.ft. for consideration of Rs.1,00,000/ (Rupees One Lakh Only),
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Ch/s No. 2048/19 in Suit No. 2824/19. 3 Order.
as observed above being grossly below the market value. In short,
applicant is not a necessary party. Hence the order :
ORDER
1. Chamber Summons No. 2048/2019 stands rejected.
2. Ch/s No. 2048/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/01/2020. Mumbai.
1. Dictated on : 09/01/2020.
2. Transcribed on : 14/01/2020.
3. Signed on : 15/01/2020.
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
16/01/2020. 12.01 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 10/01/2020.
Judgment/Order signed by P.O. on 15/01/2020.
Judgment/Order uploaded on 16/01/2020.
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