Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M.No.4190 of 2019
CNR: MHCC01-011492-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4190 OF 2019
IN
S.C. SUIT NO.2639 OF 2019
1. Mr. Bhajansingh Darshan Singh Jaggi & Ors. .. Plaintiffs
V/s.
1. Mr. Rakesh Bhajansingh Jaggi & Anr. .. Defendants
Appearances :-
Adv. Upendra Mahadik for plaintiffs.
Adv. N.D. Jaywant for defendants.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 18th March, 2021.
ORDER
1 This Notice of Motion is moved by the plaintiffs with
the prayer that defendants or agents, or any other persons
claiming through them be restrained from dispossessing the
plaintiffs from the suit premises viz. Flat No.16, 3rd Floor, Gulmarg
Co-operative Housing Society Ltd., Chembur Naka, R.C. Marg,
Mumbai without following due process of law.
2 Learned Adv.Mahadik for the plaintiffs argued that
plaintiffs are in possession of the suit premises as owners thereof.
Plaintiff No.1 and 2 are the parents of the defendant No.1 and
plaintiff No.3 is brother of defendant No.1. Defendant No.2 is wife
of defendant No.1. Therefore, defendants should not dispossess
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2 N.M.No.4190 of 2019
the plaintiffs without following due process of law.
3 On the contrary, learned Adv.Jaywant for the
defendants argued that plaintiffs are residing in the suit premises a
gratuitous licensee. Defendant No.1 is the owner of the suit
premises. Defendant No.1 has already filed suit bearing L.E.Suit
No.15 of 2020 before the Small Causes Court, Mumbai for the
eviction of the plaintiffs, which amounts to evicting them by
following due process of law. He requested to pass suitable order.
4 After hearing both the sides, I go through record. As
per submission of the defendants, the defendants have already
filed suit for eviction of the plaintiffs before the Small Causes
Court, Mumbai, which amounts to following due process of law.
However, by way of protection, Notice of Motion needs to be
allowed. Hence, I pass following order.
ORDER
1 Notice of Motion No.4190 of 2019 is hereby allowed in
terms of prayer clause(a).
2 Notice of Motion is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 18/03/2021. Greater Bombay.
Dictated on :18/03/2021.
Transcribed on :18/03/2021.
Signed on :18/03/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 18/03/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
18/03/2021.
Judgment/Order signed by P.O. on 18/03/2021.
Judgment/Order uploaded on 18/03/2021.
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