Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4908-19 in S.C.Suit no.1116-14
1 Date :21.12.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4908 OF 2019
IN
S.C.SUIT NO. 1116 OF 2014
(CNR NO.MHCC01 0134082019 )
Royal Residencey Cooperative
Housing Society Ltd. .. Plaintiff
Versus
Mr. Hemant B. Vyas & Anr. .. Defendants
Appearances :
Ld. Adv. Adv.Clive Dsouza for plaintiff.
Ld. Adv.Amit Kakri i/b Ajay Law for defendant no.1.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 21.12.2019
ORDER
1. The plaintiff has filed instant Notice of Motion seeking
following reliefs :
(a) That pending the hearing and disposal of the suit, the
defendants, their servants and agents be restrained by an
order and injunction from further demolishing the
compound wall or any part thereof of the plots bearing
C.S. Nos. 4/50, 4B/50, 4C/50 and 4B1/50 totally
admeasuring 8113.14 sq. mtrs. of ParelSewree Division,
Mumbai City District situated at Dr. S.S.Rao Road
(Industrial Estate Road), Chiwda Gully, Lalbaug, Mumbai
– 400 012.
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2 Date :21.12.2019
(b) That pending the hearing and disposal of the suit, the
defendants their servants and agents be restrained by an
order and injunction from storing and / or dumping their
materials on the plots bearing C.S. No. 4/50, 4B/50, 4
C/50 and 4B1/50 totally admeasuring 8113.14 sq. mtrs.
of ParelSewree Division, Mumbai City District situated at
Dr. S.S.Rao Road (Industrial Estate Road), Chiwda Gully,
Lalbaug, Mumbai – 400 012.
(c) For adinterim / interim reliefs in terms of prayers (a)
and (b) above.
(d) For the costs of the Notice of Motion.
(e) For such further and other reliefs as the nature and
circumstances of the case my require.
2. It is the contention of he plaintiff that they are Registered
Society having Deemed Conveyance in respect of plot no. 5,
Lalbaug Industrial Estate, Cadastral Survey No. 4/50 of Parel
Sewri Division admeasuring about 8111.14 sq. mtrs. They have
filed suit against defendant builder as he has not provided several
amenities as promised. It is further alleged by the plaintiff that
there is compound wall fencing to their plot. However, as the
defendants were trying to demolish the same they have filed
separate Notice of Motion.
3. It is further alleged that the defendant during pendency of
that Notice of Motion have demolished compound wall. Hence,
plaintiff constrained to file instant Notice of Motion seeking ad
interim relief.
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3 Date :21.12.2019
4. Per contra Advocate Mr. Amit Kakri for defendant
vehemently contended that plot No. 5 consist of 3 plots i.e. 4/50,
4B/50 and 4C/50. The plaintiff society is situated at 4/50. The
advocate filed pursis and made statement that they have not
demolished the wall of Survey No. 4/50 and there is no debris.
The plaintiff society is not at all concerned with other Survey
Number. The defendant obtained the Occupation Certificate in
respect of Survey No. 4B/50 and 4C/50. The plaintiff has not
right to intervene in the aforesaid Survey No.
5. It is further alleged by the defendant that the plaintiff
obtained unilateral conveyance in their favour which is challenged
by the Hon’ble High Court by filing Writ Petition. Therefore, the
plaintiff is not at all entitled for adinterim relief.
6. Heard both the sides. Perused Notice of Motion, pursis and
documents tendered by the defendants. It is not in dispute that
the plaintiff obtained unilateral conveyance in respect of entire
Survey No. 4/50, 4B/50 and 4C/50 admeasuring about 8111.14
sq. mtrs. The aforesaid conveyance is challenged by the
defendants. It is the submission of the defendant that the plaintiff
has nothing to do with entire plot admeasuring about 8111.14 sq.
mtrs. They are only concerned with area admeasuring about 4342
sq. mtrs. on which their building is constructed. In my view, there
a specific order of Deemed Conveyance in respect of entire plot
Survey No. 4/50, 4B/50 and 4C/50 admeasuring about 8111.14
sq. mtrs. The aforesaid order may be right or wrong but it is
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4 Date :21.12.2019
existence. Till that time the defendants have no right to cause any
damages/ destruction to the property of the society. The
photographs shows that the defendants are demolishing the wall
and debris lying in between the two buildings. The defendants
also did not dispute that they have demolished the wall but only
alleged that it is not of plaintiff society. Therefore, in view of the
above discussion, in my view, the Notice of Motion needs to made
absolute. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 4908 of 2019 is absolute in terms of
prayer clause (a) and (b).
2. Defendants to bear cost of Notice of Motion.
3. Parties to act on authenticated copy.
4. Notice of Motion No. 4908 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 21.12.2019 Greater Bombay.
Dictated on : 21.12.2019
Typed on : 21.12.2019
Draft Submitted on : 21.12.2019
Checked on : 21.12.2019
Signed on : 21.12.2019
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NM 4908-19 in S.C.Suit no.1116-14
5 Date :21.12.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21/12/2019 at 5.00 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
21/12/2019
JUDGMENT/ORDER signed by P.O.
on
21/12/2019
JUDGMENT/ORDER uploaded on 21/12/2019
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