12.163.21 CRA.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO. 163 OF 2021

MS. PAYAL TURAKHIA D/O ANIL TURAKHIA

….APPLICANT

V/s.

MR. KIRAN TURAKHIA AND OTHERS

…..RESPONDENTS

Mr. J. A. Udaipuri i/b Udaipuri & Co. Advocate for the Applicant

Mr. Bahraiz F. Irani a/w Firdause Irani a/w Afrin Dalal i/b Irani &

Co. for Respondent nos. 1 & 2

CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 28, 2022.

P.C.:

1)

Heard Shri. Udaipuri, learned counsel for Applicant-Defendant.

Respondent-Plaintiff initiated S.C. Suit (Lodging) No. 5419 of 2020

before the City Civil Court, Mumbai with following reliefs:

A. That this Hon'ble Court be pleased to declare that the

Defendants are rank trespassers upon the said Property i.e.

all that piece and parcel of Flat No. C/50, 4th floor,

Indradeep Society, 171 LBS Marg, Ghatkopar (W.), Mumbaí

400 086 and are in illegal use, occupation and possession

thereof,

B.

That this Hon'ble Court be pleased to pass a permanent

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IRESH SIDDHARAM

MASHAL

Digitally signed by IRESH

SIDDHARAM MASHAL

Date: 2022.03.31 10:08:25

+0530

12.163.21 CRA.doc

order and injunction restraining the Defendants acting by

themselves and/or through its servants, agents,

representatives or any other person acting for and on behalf

of the Defendants whether claiming under the name of the

Defendants or any other name, or any person claiming

through by or under the Defendants from in any other

manner interfering with the peaceful use, occupation and

possession of the Plaintiffs to the said Property being Flat

No. C/50, 4th floor, Indradeep Society, 171 LBS Marg,

Ghatkopar (W.), Mumbai 400 086,

C. That pending the hearing and final disposal of the Suit,

the Defendants acting by themselves and/or through their

servants, agents, representative and/or otherwise be

restrained by an order and injunction from:

(i)

taking any steps to remove the Plaintiffs belongings

kept at the said Property more particularly the three

cupboards kept under lock and key at the said Property

being Flat No. C/50, 4 floor, Indradeep Society, 171 LBS

Marg, Ghatkopar (W.), Mumbai 400 086;

(ii)

preventing the Plaintiffs from freely using, occupying,

possessing and/or accessing the said property being Flat No.

C/50, 4th floor, Indradeep Society, 171 LBS Marg, Ghatkopar

(W.), Mumbai 400 086 or any portion thereof, in any manner

whatsoever;

(iii)

in any manner dealing with or alienating or creating

any third party rights or interests and/ or parting with

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12.163.21 CRA.doc

possession to any third party except the Plaintiffs and/or to

induct any third party and/ or carrying out repairs,

additions and alterations to the said Property and/or

disposing of the said property being Flat No. C/50, 4th floor,

Indradeep Society, 171 LBS Marg, Ghatkopar (W.), Mumbai

400 086;

D.

That pending the hearing and final disposal of the

present suit the Defendants be directed to pay compensation

to the Plaintiffs a sum of Rs. 1,50,000/- (Rupees One Lakh

and Fifty Thousand) per month towards illegal and

unauthorized occupation of the said Property towards

necessary outgoings and taxes and the loss of income

caused to the Plaintiffs from 31st December 2018 to the

present date and until the proper adjudication and disposal

of the present suit

E.

That necessary Orders be passed for awarding mesne

profits after adjudicating upon the same as per the Code of

Civil Procedure, 1908;

F.

Ad-interim reliefs in terms of prayer clause (A) to (E) be

granted;

G.

That costs of the suit be provided for;

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H.

For such other reliefs as this Hon'ble Court may deem

fit and proper in the facts and circumstances of the present

suit.

2)

Petitioner has come out with a plea that he being a gratuitous

tenant, proceedings before the City Civil Court are not maintainable

for want of jurisdiction and as such, to