Interim Order 1

Order Details: Notice of Motion
Pdf Text: NM 4437-19 in S.C.Suit No. 2978-2019
1 Date : 26.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4437 OF 2019
IN
S.C. SUIT NO. 2978 OF 2019
(CNR NO.MHCC010121742019 )
Flavia Fernandes & Anr. .. Plaintiffs
Versus
John Peter Fernandes & Anr. .. Defendants
Appearances :
Ld. Adv. Kishor Tambe @ Adv. Amol Tambe for plaintiff
present.
Ld. Adv. Denzil D’Mello @ Adv. Srushti Thorat for defendant
no. 1 present.
Ld. Adv. Dushyant Krishnan for defendant no. 2 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 26.11.2019
ORDER
1. Heard both the sides. Plaintiffs have filed instant Suit
praying for injunction restraining the defendants from
dispossessing them from ground floor flat situated on Plot No.
238/C of Suburban Scheme No. III of Chembur.
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NM 4437-19 in S.C.Suit No. 2978-2019
2 Date : 26.11.2019
2. Plaintiffs have further filed instant Notice of Motion for
interim relief. The Notice of Motion is opposed by defendant no. 1
and 2 by filing say.
3. The plaintiffs in order to prove their entitlement, relied on
the Property Card which shows name of the plaintiff no. 1. The
plaintiff further relied on the Leave and License Agreement dated
07.07.2018 whereby the suit premises was given on Leave and
License basis to one Mr. Jalnawalla Zarin Manecksha. The
possession of which was prematurely handed over by Licensee on
05.07.2019 to the plaintiffs representative Saloni Bhosale. It is
contended by the plaintiff that, thereafter, suit property was
remain vacant. However, the defendants are trying to take
forceful possession by putting their lock. Hence, the plaintiff
seeking Adinterim relief.
4. Per contra defendant no. 1 argued that other defendants are
also legal heirs of deceased Mathew Fernandes. The Property Card
reflect name of other family members. The plaintiff no. 1 has
transferred suit property by way of Gift Deed in favour of plaintiff
no. 2. They are not residing in the suit premises. They are trying
to create third party interest in the suit premises. Therefore, the
defendants opposed interim application.
5. Heard both the sides. Perused Notice of Motion and reply.
The plaintiff in order to show her entitlement relied on the
Property Card, Leave and License Agreement as well as on the
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NM 4437-19 in S.C.Suit No. 2978-2019
3 Date : 26.11.2019
Testamentary Petition filed by the defendant no. 1 challenging the
‘Will’ executed by deceased Mathew Fernandes. The aforesaid
documents shows that the possession of the suit property was with
the plaintiffs. Moreover, the prayer in the Probate Petition made
by the defendant no. 1 that plaintiff be restrained from creating
selling, disposing of or parting with the possession of the suit
property. The aforesaid material itself shows that the plaintiffs are
in possession of the suit property. Thus, in my view, the plaintiff
made out primafacie case to grant Adinterim relief. Thus, I
proceed to pass the following order :
ORDER
1. Adinterim relief be granted and defendants are hereby
restrained from disturbing the possession of the plaintiff till
the decision of the present Notice of Motion.
2. Parties to act on the authenticated copy.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 26.11.2019 Greater Bombay.
Dictated on : 26.11.2019
Typed on : 27.11.2019
Draft Submitted on : 27.11.2019
Checked on : 28.11.2019
Signed on : 28.11.2019
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NM 4437-19 in S.C.Suit No. 2978-2019
4 Date : 26.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/11/2019 at 3.15 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
26/11/2019
JUDGMENT/ORDER signed by P.O.
on
28/11/2019
JUDGMENT/ORDER uploaded on 28/11/2019
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