Full Order Text
Order 1 · 21 Dec 2019 · CNR MHCC010133862019
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 -- 1 of 3 -- 2 Ad-Int Order- Draft NM in SU3418-19 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 -- 2 of 3 -- 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 -- 3 of 3 --