Final Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in N/m No. 4503/19 in Stamp No. 12982/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
NOTICE OF MOTION NO. 4503 OF 2019
(CNR NO. MHCC010122762019)
IN
STAMP NO. 12982 OF 2019
Mr. Mohammed Imran Mohammed Ilyas Qureshi ...Plaintiff
Versus
Municipal Corporation of Greater Bombay ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 16th DECEMBER, 2019.
Mr. Batvia, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is a motion taken out by plaintiff to clarify order of
this Court, operative order para 2 dated 05/12/2019. It is contention of
ld. advocate Batvia for plaintiff that plaintiff is running a shop on
ground floor and MCGM may demolish the property in view of
operative order para 2 of this Court.
2. Ld. advocate Tondwalkar for defendant MCGM submits
that notice issued by the MCGM under Section 354A of MMC Act dated
11/01/2019 was challenged by the plaintiff. Upon hearing of both side
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Draft N/m in N/m No. 4503/19 in Stamp No. 12982/19. 2 Order.
at length, this Court has dismissed the notice of motion. There is no
propriety in seeking clarification of the order passed by this Court. It is
claimed to reject the motion.
3. It is to note that there were in total 5 to 6 suits preferred by
different clients to the extent of same building named and styled as
"Mohd. Safi Vali Chawl". It is observed by this Court in para 3 that all
occupants, tenants and landlord have hand in gloves. On cumulative
reading of all plaints in respect of present suit property, one may boldly
come to the conclusion that by changing the names of different plaintiff
in various capacity, they have tried to protect unauthorized
construction.
4. It is also matter of record that original landlord has
executed agreement to sale, upon dismissal of notice of motion
preferred by purchaser, son of the original landlord appeared before the
Court with fresh suit. Therefore, this Court has observed in para 2 that
to the extent of illegal construction, MCGM is at liberty to take
appropriate action by adopting due process of law.
5. Admittedly, the assessment of suit property is of "Tiled
Shed". Considering aforesaid discussion, no specific protection can be
given by this Court to clarify which is authorized structure and which is
not authorized structure. There is no substance in motion. Hence the
order :
ORDER
1. Notice of Motion at draft level stands dismissed.
2. It be registered for statistical purpose.
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Draft N/m in N/m No. 4503/19 in Stamp No. 12982/19. 3 Order.
3. Defendant to file written statement to expedite hearing.
4. Suit is already adjourned to 29/01/2020.
5. N/m at draft level is disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 16/12/2019. Mumbai.
1. Dictated on : 16/12/2019.
2. Transcribed on : 18/12/2019.
3. Signed on : 19/12/2019.
4. Delivered to Certified :
Copy Section on
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