Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Suit No. 2936/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
LONG CAUSE SUIT NO. 2936 OF 2019
(CNR NO. MHCC010115892019)
Rizwan Ahmed Mohd. S. Khan ...Plaintiff
Versus
Municipal Corporation of Gr. Mumbai ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 10th JANUARY, 2020.
Mr. O.P.Singh, Advocate for Plaintiff.
Ms. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is an order below draft notice of motion, it is yet to
register, therefore it be affix below Exh.1.
2. Ld. advocate O.P.Singh for plaintiff submits that suit
property is the gala admeasuring 30 x 38 ft. comprising ground plus
first floor situated at Survey No.63, C.T.S.No.572, D'Souza Compound,
Kurla Andheri Road. Plaintiff is possessing the suit premises as he
received from previous tenant namely Ramesh Panchal. It is requested
to issue adinterim injunction as in notice dated 14/05/2019, defendant
has demarcated ground plus first floor as unauthorized construction.
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Draft N/m in Suit No. 2936/19. 2 Order.
3. Ld. advocate O.P.Singh continued that reply dated
06/11/2019 was submitted by the plaintiff. However, in speaking order
dated 19/12/2019 it is not properly considered by the MCGM. There is
no additional change or construction done by the plaintiff as he
received the possession from its landlord D'souza through Mr. Ramesh
Panchal.
4. Perused replycumwritten statement vide Exh.2 submitted
by MCGM. Ld. advocate Tondwalkar for MCGM submits that the
speaking order dated 19/12/2019 is very clear wherein it is observed
that existing structure of ground floor was assessed and it was prior to
datum line i.e. 01/04/1962, however first floor was not in existence.
Therefore the first floor constructed by plaintiff is an unauthorized
structure.
5. It is material to note that plaintiff has avoided to file
photograph of suit property. On perusal of affidavit of Mr. Ramesh
Panchal from whom plaintiff has received the possession, it is nowhere
mentioned that Gala No.3 is containing ground plus first floor. On the
contrary, in view of photograph submitted by MCGM vide Exh.3, it
clearly indicate existing structure and ongoing construction of plaintiff.
Defendant has also arranged for demolition process on 25/01/2020.
6. On perusal of photographs dated 21/12/2019, there appear
to be staircase and the wall behind the staircase seems to be recently
constructed. There is no dispute raised by MCGM to the extent of
ground floor as specifically observed in speaking order. It is important
to note that plaintiff do not have any sanction plan or authority of first
floor. Therefore, there are grounds to believe that first floor as
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Draft N/m in Suit No. 2936/19. 3 Order.
mentioned in speaking order and notice, appear to be unauthorized
construction. Hence the order :
ORDER
1. There is no case of adinterim injunction.
2. Plaintiff to register the motion for expedite hearing.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/01/2020. Mumbai.
1. Dictated on : 10/01/2020.
2. Transcribed on : 13/01/2020.
3. Signed on : 13/01/2020.
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
13/01/2020. 3.20 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 13/01/2020.
Judgment/Order uploaded on 13/01/2020.
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