[email protected] Thoraipandi ... vs [email protected] Thoraipandi ...
2023 Latest Caselaw 4523 Bom

                          1                                                    2.e-CRA-226-23

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
            CIVIL REVISION APPLICATION NO.226 OF 2023
                                           [Anthony Vs. David]
Office Notes, Office           Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions and
Registrar's orders
                                Ms. Poonam Madhwani, Advocate for Applicant.


                                CORAM : SARANG V. KOTWAL, J.

                                DATE             : 2nd MAY, 2023
               P.C.:

             1.        The Applicant has challenged the judgment and decree
              dated 13.10.2022 passed by the 1st Additional Principal Judge,
              City Civil Court at Bombay, Borivali Division, Dindoshi,
              Mumbai in S.C. Suit No.2486/2012. By the impugned order,
              said S.C. Suit No.2486/2012 was decreed in favour of the
              Plaintiffs and the Defendant was ordered to hand over
              possession of the suit room as described in paragraph-1 of the
              plaint within two months from the date of that order. The
              present Applicant is the original Defendant and the Respondent
              Nos.1 to 3 are the legal representatives of the original Plaintiff.
             2.        Learned counsel for the Applicant submitted that in the
              plaint     the        suit       property          was   described      as    room
              No.RNM/95/S/89/R situated at Shivaji Nagar, LM Road,
              Borivali (West), Mumbai. However, the Applicant was in
              occupation of room No.38 and not room No.95. In fact he had
              lodged FIR vide C.R. No.166/2012 under Sections 342, 427,
              504, 506 read with 34 of IPC at MHB Colony Police Station.
              It was the contention of the Plaintiff that he was dispossessed
              by the present Applicant/Defendant with the help of police
              illegally based on some false allegations on 11.7.2022. The
              Plaintiff's case was that he had given said room for occupying

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                                2                                        2.e-CRA-226-23

                   to the Applicant who had inducted one Sharma illegally in the
                   said room.        Said Sharma handed over possession to the
                   Plaintiff on 1.7.2012 and when the Plaintiff was supervising
                   the work of interior he noticed that the Applicant/Defendant
                   had constructed the mezzanine floor illegally. The Applicant
                   lodged a false complaint against the Plaintiff and with the help
                   of police he was dispossessed.
                  3.        Learned counsel for the Applicant submitted that the
                   suit property is not properly described in the plaint and the
                   evidence shows that the FIR was lodged in respect of room
                   No.38. The Applicant was in possession of Room No.38 and
                   the original Plaintiff was taking wrong advantage of his suit
                   and was trying to dispossess the Applicant from room No.38
                   though his own case is that he wanted possession of room
                   No.95.
                  4.        Considering these submissions, it is necessary to hear
                   the Respondents. Learned counsel for the Applicant has made
                   out a case for grant of ad-interim relief.
                  5.        Hence, the following order :
                                             :: O R D E R ::

i. Issue notice to the Respondents, returnable on 29.8.2023.

Till then, there shall be ad-interim relief in terms of prayer clause-4.

ii. Stand over to 29.8.2023.

(SARANG V. KOTWAL, J.)

Deshmane (PS)