Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: NM 45042019 IN ST 12983/19
CNR NO. MHCC010122772019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.4504 OF 2019
IN
STAMP NO.12983 OF 2019
Mr. Yasmin Ayub Qureshi )
Age : 53 years, Indian Inhabitant, )
Having Shop as Shop No.1 Mohd. )
Shafi Bldg., Ground Floor, 57, )
Quresh Nagar, Kurla (East), )
Mumbai 400 070. )....Plaintiff.
Versus
Municipal Corporation of Greater Bombay )
having its head office at Mahapalika Marg )
Mumbai 400 001 through the Asst. )
Municipal Commissioner, L Ward, Kurla (W) )
Mumbai 400 070. )... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI G.G. Bhansali
(C.R.No.11)
DATE : 5th December, 2019.
APPEARANCE :
Ld. Advocate Mr. Sagar Batavia for the plaintiff.
Ld. Advocate Mr. Giri for the MCGM/Defendant.
O R D E R
1. This is a motion taken out by plaintiff to restrain defendant
MCGM from taking further recourse in view of notice dated 11.01.2019.
Perused reply submitted by defendant.
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2. Learned advocate Sagar Batavia for plaintiff submits that
plaintiff is a tenant over suit property Shop No.1, since various years,
which is situated on ground floor of the suit property Survey No.275,
Hissa No.4, Kurla, known as “Mohd. Safi Vali chawl”. According to
structural audit submitted by landlord of the suit property, it is in
habitable condition. There is no notice served on plaintiff. Presence of
plaintiff is necessary before any order of demolition. It is prayed for
injunction against defendant.
3. Learned advocate Mr. Giri for MCGM/defendant submits
that present suit is best example of misuse of process of law. Tenant
occupant and landlord are having hand in gloves. This is sixth suit in
respect of same property. There is a record that in span of ten months,
ground plus seven storied building has been erected without any
permission of MCGM. It is a claimed to reject the Notice of Motion.
:: R E A S O N S F O R O R D E R ::
4. Learned advocate for plaintiff submits that plaintiff is tenant
since various years and he pays the rent regularly to landlord Mrs.
Kamrunissa. However, in plaint paragraph2, it is mentioned that
plaintiff has purchased the shop from landlord. The details of sale deed,
purchase amount, date of purchase etc. are not averred by plaintiff. It is
to note that L.C. Suit No.661/2019 submitted by landlord Kamrunnisa
came to be unconditionally withdrawn by her. Thereafter, alleged
purchaser Nadeem Khan preferred a suit wherein Notice of Motion
stands rejected.
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5. Plaintiff is challenging the Notice issued to his landlord
Kamrunnisa. The suit is bad of nonjoinder of necessary parties. Detail
reasons are given by this court in unregistered Notice of Motion in
Stamp No.12535/2019 vide order dated 04.12.2019. In view of
structural audit report submitted by engineer Mr. Samir Mhate, there are
prominent cracks and building is highly deteriorated.
6. In view of assessment, suit property is "Tiled shed" as on
02.04.2019. Further it is a matter of record and in view of various photo
pass, it appear that unauthorised various floors came to be erected over
suit premises.
7. As per structural audit report and in view of condition of the
building, it is crystal clear that it may cause danger to occupants and
people residing nearby the buildings. Resultantly, Notice of Motion is
devoid on merit. It deserves to be dismissed. Hence, the order.
ORDER
1. Notice of Motion No.4504 of 2019 is dismissed.
2. MCGM is at liberty to take action in accordance with law against
the illegal construction made on the suit property.
3. Notice of Motion No. 4504 of 2019 is disposed off accordingly.
Date : 05/12/2019 (G. G. BHANSALI)
Judge, City Civil Court,
C.R.No.11, Gr. Mumbai.
Dictated On : 05.12.2019
Transcribed on : 05.12.2019
HHJ Signed on : 06.12.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
06.12.2019 3.30 p.m. Harshal D. Jagtap (H.G. Steno)
Name of the Judge H.H.J. SHRI. G.G. BHANSALI
(Court Room No. 11)
Date of pronouncement of Order 05.12.2019
Order signed by P.O. on 06.12.2019
Order uploaded on 06.12.2019
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