Interim Order 1

Order Details: Other
Pdf Text: 1 Ad-Int Order-NM-4168-19 in SU2825-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEFS ON
NOTICE OF MOTION NO.4168 OF 2019
IN
SUIT NO. 2825 OF 2019
Dharmendra Nagendrapati Tripathi ]
Age : 64 years, ]
having address at Stable no. 3, Dr. Damji Tabela, ]
Ward no.1016, Hissa no.202, Pant Nagar, ]
Gaurishankar wadi no.1, ]
Ghatkopar (E), Mumbai 400 075. ]... Plaintiff
Versus
1. M/s. Neelyog Builders Pvt. Ltd. ]
401/402, Nandprem Nehru Road, M. G. Road, ]
Vile Parle (E), Mumbai 400 057. ]
2. Municipal Corporation for Greater Mumbai ]
having addressed at Mahapalika Bhavan, ]
Mahapalika Marg, CST, Mumbai400 001. ]
3. Smt. Sheela D. Tripathi ]
4. Shri Nitesh Satyendra Tripathi ]
5. Shri Abhishek Dharmendra Tripathi ]
6. Shri Kishan D. Tripathi ]
7. Shri Amit D. Tripathi ]
3 to 7 are presently residing at flat no. 104, ]
Building No.L/s, First floor, Devikrupa SRA CHS Ltd. ]
C.T.S. No.5662(pt) 5672(pt) and 5673(pt), ]
Village Ghatkopar, Kirol, Mumbai. ]....Defendants
Appearances:
Ld. Advocate Mr. L. K. Tripathi for the Plaintiff.
Ld. Advdocate Mr. Dalal with Ms. Lata Wadhwani for Defendant No. 1
Ld. Advocate Mrs. D. D. Patil for Defendant No.2/MCGM
None for Defendants No. 3 to 7.
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2 Ad-Int Order-NM-4168-19 in SU2825-19
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 8)
DATED : 13th November, 2019
O R A L O R D E R O N A D I N T E R I M R E L I E F
1. By instant Notice of Motion the plaintiff has prayed for
temporary injunction restraining Defendant No.1 from handing over the
Drama Theatre to Defendant No.2/MCGM and restraining the
defendants from having opening ceremony and inaugural function of
said Drama Theatre constructed on the suit plot/stable/premises till
final disposal of the suit and he has also prayed for temporary
injunction restraining Defendant No.1 from surrendering, assigning,
giving, delivering the benefits accrued to defendant no.1 in pursuance
and furtherance of the consent decree dated 02.03.2013 in L.C. Suit
no.1205 of 2010. He has also prayed for appointment of Court Receiver.
After hearing both sides, it can be seen that the plaintiff is aggrieved by
the fact that Defendant No.1 is not complying the consent terms in Suit
no.1205 of 2010. In this regard, it must be noted that the decree in that
suit is drawn as per the consent terms dated 25.02.2013. As such the
remedy for plaintiff is to file execution proceeding for the execution of
the said decree. Moreover, it is stated in the reply that pursuant to the
consent terms the plaintiff handed over suit plot to defendant no.1, on
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3 Ad-Int Order-NM-4168-19 in SU2825-19
27.07.2018 it is handed over to Defendant No.2/MCGM and theatre is
constructed thereafter. If the Defendant No. 1 has not complied his part
of the consent terms, then the plaintiff has right to initiate proceeding
against him but he cannot seek the instant reliefs by way of this suit to
negate the decree of the Court. No grounds are made for appointment
of Court Receiver. Therefore, the plaintiff is not entitled for adinterim
relief. Hence, adinterim relief is liable to be rejected and following
order:
ORDER
Adinterim reliefs in terms of the prayers is rejected.
(C. V. Marathe)
Judge,
Date : 13.11.2019 City Civil Court, Gr. Mumbai.
Dictated on : 13.11.2019
Transcribed on : 13.11.2019
Signed by HHJ on : 13.11.2019
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4 Ad-Int Order-NM-4168-19 in SU2825-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.11.2019 at 5.24 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
13/11/2019
JUDGMENT/ORDER signed by
P.O. on
13/11/2019
JUDGMENT/ORDER uploaded
on
13/11/2019
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