Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010116272019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4248 OF 2019
IN
SUIT NO.2458 OF 2018
Malan Ashok Kamble and another. ...Plaintiffs.
Versus.
Sanjay Mahadev Gholap .… Defendant.
Appearance :
Adv. Rahul Pandit for plaintiffs.
Adv. Narendra Sharma for the defendant.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 5th November 2022.
ORAL ORDER
Perused pleadings, evidence and heard advocate for the parties.
This notice of motion is taken out by plaintiffs seeking order of
injunction restraining the defendant from creating third party interest in
Room No.1032 situated at Uday Chawl Niwas Co-operative Housing
Society, Building No.29, A wing (Old Room No.406), Subhash Nagar,
Chembur East, Mumbai (hereinafter referred as 'suit premises' for the
short). The plaintiffs suit is for partition and separate possession of suit
premises. The plaintiffs are also seeking partition in the fixed deposit
amount made by their father. The relation between plaintiffs and
defendant is not in dispute. They are brother and sister. Admittedly,
-- 1 of 3 --
ORDER ..2..
father of plaintiffs and defendant expired on 17.05.2015. Their mother
expired on 27.05.2012. The plaintiffs and defendant are the only legal
heirs of deceased Mahadev Gholap. The defendant came with the
defence that during life time his deceased father Mahadev executed
registered Will Deed dated 01.04.2013 and gave properties to him. It
has come on record that probate petition filed by defendant is pending
before Hon'ble High Court. The pleadings and evidence on record prima
facie shows that plaintiffs and defendant are entitled to receive the
properties left by deceased Mahadev Gholap. The plaintiffs are
apprehending sale of suit flat by the defendant. The plaintiffs will suffer
irreparable loss in case defendant succeed to create third party interest
in the suit flat. The balance of conveyance lies in favour of plaintiffs. To
avoid multiplicity of litigation it is just and necessary to restrain the
defendant from creating third party interest in the suit flat. In the result
following order is passed.
ORDER
Notice of motion no. 4248 of 2019 is hereby allowed without
costs.
2. The defendant is hereby restrained from creating third party
interest in the suit premises till the final decision of suit.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 05.11.2022
Typed on : 05.11.2022
HHJ signed on : 05.11.2022
-- 2 of 3 --
ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 05.11.2022 , 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
05.11.2022
JUDGMENT/ORDER signed by P.O.
on
05.11.2022
JUDGMENT/ORDER uploaded on 05.11.2022
-- 3 of 3 --