Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4143-19 in S.C. Suit no.2779-19
1 Date :13.12.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4143 OF 2019
IN
S.C. SUIT NO. 2779 OF 2019
(CNR NO.MHCC010113552019 )
Mr. Ramlakhan Indrajeet Gupta .. Plaintiff
Versus
Mr. Adarsh Ashok Gupta & Anr. .. Defendants
Appearances :
Ld. Adv.Hemant Shukla for Plaintiff.
Defendant no. 1 in person present.
Defendant no. 2 in person present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 13.12.2019
ORDER
1. The plaintiff has filed instant Notice of Motion seeking
following reliefs :
(a) That pending the hearing and final disposal of the suit,
the defendants their servants and agents be restrained
from entering into using, and occupying the suit premises
viz. F/102 Vikram Apts., N.M. Mehta Marg, New
Maneklal Estate, off L.B.S. Marg, Ghatkopar (West),
Mumbai 400 086; or any part or portion thereof.
-- 1 of 7 --
NM 4143-19 in S.C. Suit no.2779-19
2 Date :13.12.2019
(b) For interim and adinterim reliefs in terms of prayers (a)
and (b) above.
(c) For such other and further reliefs that may be deemed fit
and proper in the nature and circumstances of the case.
(d) For costs of this Notice of Motion.
2. It is contended by the plaintiff that he is the owner and
occupier of Flat No. F/102 admeasuring about 450 Sq. ft. in the
Society known as “Delite” Cooperative Housing Society Ltd.
(hereinafter shall be referred to as Suit property).
3. The defendant no. 1 is grand son and defendant no.2 is
grand daughter inlaw of the plaintiff. It is contended by the
plaintiff that he is residing in the aforesaid suit premises
alongwith his married son Ganpat Gupta. The marriage of
defendant no. 1 an 2 solemnized in the month of December 2017.
Since then upto Novermber 2018 defendant no. 2 resided at Uttar
Pradesh. Thereafter, both the defendants arrived at suit flat to
reside with the plaintiff.
4. It is contended by the plaintiff that initially there was no
dispute with any of the defendant. However, dispute arose
between defendant themselves which causing disturbance to the
plaintiff. The defendant no. 2 is harassing the plaintiff. The
defendant no. 2 also tried to commit suicide. Therefore, plaintiff
constrained to shift himself at another room at Bora Bazar, Fort,
-- 2 of 7 --
NM 4143-19 in S.C. Suit no.2779-19
3 Date :13.12.2019
wherein he is facing lots of inconvenience due to absence of basic
amenities. Therefore, plaintiff requested defendant no. 1 to
arrange alternate accommodation for their stay. When defendant
no. 2 came to know about the aforesaid request made by the
plaintiff, she threatened the plaintiff to lodge false complaint
against him and to implicate him in false case.
5. It is further contended by the plaintiff that defendant no. 2
on 25.07.2019 lodged false complaint against him as well as
against defendant no. 1. The defendant no. 2 is in habit of
summoning the police on emergency number and police arrived
time and again time causing harassment to the plaintiff and also
tarnishing the image of the plaintiff and his family members in the
society. Thus, it is contended by the plaintiff that he is unable to
reside in his own flat and defendants are not vacating the suit
premises even though they are not having any right, title and
interest in the suit property. Therefore, plaintiff constrained to file
suit against defendants alongwith instant Notice of Motion.
6. The Notice of Motion is resisted by the defendant no. 2 by
filing her say. It is contended by the defendant no. 2 that on
03.12.2017, she married with defendant no. 1 at Varanasi, Uttar
Pradesh, and since November 2018 she has shifted to the suit
property. She has contended that her parents performed the
marriage on the assurance given by the parents of defendant no. 2
that she will be accommodate the suit premises after marriage. She
-- 3 of 7 --
NM 4143-19 in S.C. Suit no.2779-19
4 Date :13.12.2019
has contended that thereafter she has started residing in the suit
premises alongwith her inlaws. The plaintiff visited occasionally
to the suit premises and he has fixed place of residence at Bora
Bazar, Fort, Mumbai.
7. It is alleged by the defendant no. 2 that she has been caused
mental and physical torture at the hands of defendant no. 1.
Therefore, she has lodged N.C. Report against defendant no. 1 and
plaintiff. It is further alleged by the defendant no. 2 that
defendant no. 1 purposefully without her consent in collusion with
her inlaws administer her medicines which caused her abortion.
It is contended by the defendant no. 2 that defendant no. 1 and
plaintiff trying to throw her out of her matrimonial home and
therefore, false suit had been filed against her in collusion between
plaintiff and defendant no. 1.
8. Heard both the sides. Perused Notice of Motion and reply. It
appears to me that there is no dispute that the suit premises is
owned by the plaintiff and defendant no. 1 is grand son and
defendant no. 2 is the grand daughter in law of the plaintiff. It is
further not in dispute that the marriage of defendant no. 1 and 2
took place on 03.12.2017 and since November 2018 both the
defendants started residing at suit premises. It is also not in
dispute that the defendant no. 2 on 25.07.2019 filed complaint at
Ghatkopar Police Station against defendant no. 1 and plaintiff.
-- 4 of 7 --
NM 4143-19 in S.C. Suit no.2779-19
5 Date :13.12.2019
9. The main defence taken by the defendant no. 2 is that
plaintiff is not residing in the suit premises. In my view, if the
plaintiff is not residing in the suit premises then why she has filed
the complaint against the plaintiff. This shows that she
purposefully want plaintiff to be implicated in her matrimonial
dispute.
10. During course of argument, the defendant no. 1 contended
that in order to maintain peace and harmony in the family, he has
obtained residential premises on leave and license basis. He has
tendered Registered Leave and License documents and also
supplied copy to the Advocate of defendant no. 2. The defendant
no. 2 is not claiming any right, share or interest in the suit
property. It is her specific defence that her marriage is performed
with the defendant no. 1 only on the assurance that she will be
accommodated in the suit premises. Apart from above defence,
there is no legal defence taken by the defendant.
11. It is argued on behalf of the defendant no. 2 that the plaintiff
is seeking adinterim injunction at interim stage which amounting
to granting of final relief. The plaintiff and defendant no. 1 in
collusion, seeking removal of defendant no.2 from suit premises.
The aforesaid relief can not be granted at interim stage.
12. As I have already stated that it is not in dispute that the suit
property is owned by the plaintiff. The documents on record
shows and also admitted by the defendant no. 2 that she
-- 5 of 7 --
NM 4143-19 in S.C. Suit no.2779-19
6 Date :13.12.2019
implicated plaintiff in her matrimonial dispute. The plaintiff is
senior citizen having age about 90 years. Moreover, she has not
claimed any right, title or interest in the suit property. The suit
property is owned by the plaintiff. Thus, looking to the aforesaid
circumstances, in my view, adinterim injunction needs to be
granted. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 4143 of 2019 is hereby allowed in
terms of prayer clause (a).
2. No order as to the cost.
3. Notice of Motion No. 4143 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 13.12.2019 Greater Bombay.
Dictated on : 13.12.2019
Typed on : 13.12.2019
Draft Submitted on : 16.12.2019
Checked on : 18.12.2019
Signed on : 18.12.2019
-- 6 of 7 --
NM 4143-19 in S.C. Suit no.2779-19
7 Date :13.12.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
18/12/2019 at 5.15 p.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
13/12/2019
JUDGMENT/ORDER signed by P.O.
on
18/12/2019
JUDGMENT/ORDER uploaded on 18/12/2019
-- 7 of 7 --