Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4985 OF 2019
(CNR NO.MHCC010136132019)
IN
S. C. SUIT NO.3208 OF 2019
Mohd. Akbar Abdul Qayyum Idrisi )..Plaintiff
V/s.
Smt. Famida wd/o. Feroz Abdul
Qayyum Idrisi & another ).. Defendants
Appearance :
Adv. Ashok M. Saraogi for plaintiff.
Adv. Nair for defendant No.1.
Adv. Dimondwala & Co. for defendant No.2.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 22/06/2022.
ORDER
1. By this Notice of Motion, the plaintiff prays for restraining
defendant No.2 from disturbing the possession of plaintiff in respect of
the said suit premises i.e. Room No.66, consisting of ground plus
mezzanine floor situated at Ground floor, Janata Sevak Society, Mori
Road, Mahim, Mumbai 400 016, unless the alternate accommodation is
provided. It is the contention of plaintiff that he is in possession of suit
premises and defendant No.2 is disturbing his possession without
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providing alternate accommodation. Defendant No.2 is a legal heir of
owner of suit premises.
2. Defendant No.2 resisted the contention by filing reply
denying the contention of plaintiff. It is his contention that SRA has
issued a letter to defendant No.2 for permitting to redevelop the said
plot and prayed for rejection of the Notice of Motion.
3. Defendant No.1 also filed reply even though no prayer
sought against defendant No.1 and resisted the contention against
Notice of Motion alike defendant No.2.
4. Rejoinder has filed by the plaintiff.
5. Heard the rival parties. During arguments, Ld. Counsel for
defendant No.2 has submitted that structure of the suit premises is
demolished on 13/03/2022 and the process of redevelopment is going
on. Thus, there is no question that plaintiff is in possession of that suit
room and disturbance at the hands of defendant No.2. It is the
contention of Ld. Counsel for plaintiff that defendant No.2 be directed
to provide alternate accommodation but, this is not the subject matter
of this Notice of Motion, therefore, he is at liberty to take an
appropriate steps.
6. It is further contended that there is contempt on the part of
defendant No.2. This contention also not the part of this Notice of
Motion. If, there is any interim order, the plaintiff is at liberty to take an
appropriate steps. So far as prayer sought in this Notice of Motion is
concerned, due to demolition of the suit premises, it becomes
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infructuous and hence, deserves to be dismissed. With this, I proceed to
pass the following order:
ORDER
1. Notice of Motion No.4985/2019 in S.C. Suit No.3208/2019, is
hereby dismissed.
2. Notice of Motion stands disposed off accordingly.
(Dictated and pronounced in open Court).
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, C.R. No.03
Dated : 23/06/2022 Greater Bombay
Dictated on : 23/06/2022
Typed on : 23/06/2022
Draft given to HHJ on :
Signed on :
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“Certified to be true and correct copy of the original signed order”.
27/06/2022 (Mrs. Vidya Abhijit Mande)
at about 01.00 noon Stenographer (GradeI.)
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 23/06/2022
Order signed by Hon'ble Judge on : 24/06/2022
Order uploaded on : 27/06/2022
at about 01.00 noon
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