Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4466 OF 2019
(CNR NO.MHCC010122252019)
IN
S. C. SUIT NO.2735 OF 2019
Varsha Mahesh Patel )..Plaintiff
V/s.
Gajanan Bhalchandra Worlikar )..Defendant
Appearances :
Ld. Adv. Sonali Punekar for plaintiff.
Ld. Adv. Ganesh Jadhav for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 01/04/2023.
ORDER
1 This notice of motion is taken out by the plaintiff for
appointment of Court Receiver, directing the defendant to stop from
carrying out any business activity and construction in the premises and
also to not create third party interest. It is the contention of the plaintiff
that the suit premises belongs to her title and on 21/04/2006, the
defendant took forcible possession of the suit premises and threatened
her with dire consequences. It is her contention that she was having the
possession and was enjoying the premises as an authorised occupant and
defendant inducted himself as an illegal occupant, therefore, she filed
the suit for recovery of possession and this notice of motion for
appointment of Court Receiver, restraining the defendant from carrying
any business activity, construction and from creating third party interest.
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2. The defendant appeared and filed reply resisting the
contentions, contending that the suit is filed after 6 months of alleged
dispossession, therefore, the plaintiff cannot seek any relief under
Section 6 of Specific Relief Act. He denied that he took forcible
possession of the suit premises. He further contended that the plaintiff
was neither the owner of the suit premises, nor was having possession
thereon. It is his contention that the plaintiff was having encroachment
over the open land and had unauthorisedly constructed the structure and
later on, she agreed to leave the encroached area for a consideration of
Rs.13,00,000/, which was paid by the defendant and the plaintiff left
the site. Again after some period, plaintiff started demanding the
amount, also attempted to take forcible possession of the suit premises
as well as threatened the defendant. It is his contention that he has
lawful possession and prayed for dismissal of notice of motion.
3. Heard the Counsel for defendant. The plaintiff failed to
advance the argument.
4. On perusal of the document filed alongwith the plaint, it
reveals that the plaintiff has filed a copy of N.C. report and complaint
made to the police and Brihanmumbai Municipal Corporation
authorities. She filed the copy of electric meter bill to show her title
however, it is well settled that the copy of electric bill or the revenue
report are prepared for fiscal purpose, these documents cannot be used
to prove the title. She filed other documents which are having the name
of the defendant to the recorded of subject property. The plaintiff has
filed certain documents today and relying on declaration to strengthen
her title however, that document of declaration can not be treated as a
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conveyance deed but it appears to be a document relating to mark the
absence of vendor Ramchandra Shinde to appear before SubRegistrar
office. The plaintiff is also relying on agreement of sale it is also an
unregistered document. Thus, no document is on record to prove the
title of the plaintiff.
5. Thus, it appears form the record that, neither the plaintiff
nor the defendant have filed their document of title. Admittedly, the
defendant is in possession of the suit premises. The instant suit is filed
after 6 months of allege dispossession, therefore, it is now incumbent on
the part of the plaintiff to prove her title for the purpose of recovery of
possession. Until and unless, the plaintiff establishes her right and title to
the suit premises, I am of the view that the there is no need to appoint
any Court Receiver as well as she is not entitled for relief claimed under
clauses (b) and (c). In view of the above discussion, I am of the view
that the notice of motion filed by the plaintiff is devoid of merits. Hence,
I proceed to pass the following order:
O R D E R
1. Notice of Motion No.4466/2019 in S. C. Suit No.2735/2019,
is hereby dismissed.
2. Notice of Motion is disposed off accordingly.
(Dictated and pronounced in open Court).
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court,
Dated : 01/04/2023 C.R. No.03, Gr. Mumbai
Dictated on : 01/04/2023
Transcribed on : 01/04/2023
Signed on : 01/04/2023
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“Certified to be true and correct copy of the original signed order”.
01/04/2023
at about p.m.
(Dastagir Babalal Mulla)
Stenographer GradeI (Gazetted)
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 01/04/2023
Order signed by Hon'ble Judge on : 01/04/2023
Order uploaded on : 01/04/2023
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