Interim Order 1

Order Details: Other
Pdf Text: 1 Ad-Int Order- Draft NM in SU3418-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEF ON
DRAFT NOTICE OF MOTION
IN
SUIT NO. 3418 OF 2019
(CNR no. MHCC010133862019)
Shri Paresh Devraj Shah ]
Age : 54 years, Occ Business ]
carrying on business at Comet Plaza ]
(previously known as Bharat Flour Mill), ]
Main Market, St. Xavier Road, Kanjur Village, ]
Kanjur Marg (East), Mumbai400 042 ]... Plaintiff
Versus
1. Municipal Corporation of Greater Mumbai, ]
having its registered head office ]
at Mahapalika Bhavan, Mahapalika Marg, ]
Mumbai 400001. ]
2. Asstt. Municipal Commissioner ]
'S' Ward, Near Mangatram Petrol Pump, ]
Bhandup (W), Mumbai400 078 ]....DefendantS
Appearances:
Ld. Advocate Mr. R. P. Singh for the Plaintiff.
Ld. Advocate Mrs. Chavan for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 8)
(Incharge of C.R. 11)
DATED : 21st December, 2019
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O R A L O R D E R O N A D I N T E R I M R E L I E F
1. Perused plaint, Notice of Motion, documents annexed to
the plaint, documents filed by defendant/MCGM and heard both sides.
The challenge is to the notice and order under Section 351 of Mumbai
Municipal Corporation Act, 1888 (hereinafter "MMC Act") for alleged
unauthorized construction of the suit premises. The documents
produced by the plaintiff in the form of property card and receipt
clearly show existence of the suit premises prior to 31.03.1969. It
means the suit premises is in existence before 1969. In such
circumstances opportunity has to be given to the plaintiff to produce
evidence to show existence of the suit premises prior to the datum line.
Therefore, adinterim relief in terms of prayer clause (a) is granted till
next date. Hence, following order :
ORDER
Adinterim relief in terms of prayer clause (a) is granted till next
date.
(C. V. Marathe)
Judge,
Date : 21.12.2019 City Civil Court, Gr. Mumbai.
Dictated on : 21.12.2019
Transcribed on : 21.12.2019
Signed by HHJ on : 21.12.2019
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3 Ad-Int Order- Draft NM in SU3418-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 23.12.2019 at 11.21 a.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
21/12/2019
JUDGMENT/ORDER signed by
P.O. on
21/12/2019
JUDGMENT/ORDER uploaded
on
23/12/2019
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