Civil Revision Application No. 960 of 2012. Case: Worli Adarsh Nagar Sagar Darshan Co-operative Housing Society Ltd. Vs Deepak Anaji Dhumale and Ors., [Alongwith Civil Revision Application No. 678 of 2012]. High Court of Bombay (India)
| Case Number | Civil Revision Application No. 960 of 2012 |
| Counsel | For Appellant: Mr. Vishal Kanade with Mr. Jayesh R. Vyas and Mr. Madhav Jamdar with Mr. Hemant P. Ghadigaonkar, Advs. And For Respondents: Mr. Madhav Jamdar with Mr. Hemant P. Ghadigaonkar, Mr. D. S. Sawant i/by Mr. M. H. Belosey and Mr. Rajesh B. Parab, Advs. |
| Judges | R. M. Savant, J. |
| Issue | Bombay City Civil Court Act, 1948 - Section 3(a); Code of Civil Procedure (CPC), 1908 - Sections 115, 2, 2(4); Indian Succession Act, 1925 - Sections 2(bb), 264, 300, 57; Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Section 42 |
| Judgement Date | April 29, 2013 |
| Court | High Court of Bombay (India) |
Order:
R. M. Savant, J.
1. Admit, with the consent of the learned counsel appearing on behalf of the parties taken up for final hearing forthwith and heard. The revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure is invoked against the order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater Mumbai by which order the learned Judge has held that the City Civil Court would have the jurisdiction to try and entertain the suit in the present form.
2. Since both the above Civil Revision Applications challenge the said order dated 23/7/2012, they are taken up for hearing together.
3. Shorn of unnecessary details, few facts can be stated thus:-
The Applicant in Civil Revision Application No. 960 of 2012 is the society of the slum dwellers on a plot of land in which slum the suit premises in question are situated. The Applicant No. 1 in Civil Revision Application No. 678 of 2012 is presently in occupation of the suit premises being the daughter of the original owner/occupant one Yeshwant Dhumale. The Applicant No. 1 is the original Defendant No. 1. The Respondent No. 1 herein is the original Plaintiff in the suit in question being S.C. Suit No. 1250 of 2012. The bone of contention in the suit is the inheritance of the said suit premises being Room No. 14, admeasuring about 10.78 sq. mtrs. in the Applicant-society being Sagar Darshan Co-operative Housing Society, Janta Colony, Worli village, Adarsh Nagar, Mumbai. The reliefs sought in the suit in question are to the effect that the Court may issue a declaration that the Defendant No. 1 is a rank trespasser in respect of the suit premises and she is bound and liable to remove herself and other family members from the suit premises. The second relief sought is that the Plaintiff be declared to be entitled to the permanent alternate accommodation in lieu of the suit premises in the event of the said property being redeveloped under SRA Scheme; the third relief sought is to injunct the Defendant No. 1 from creating third party interests in respect of the suit premises.
4. The Plaintiff who is the nephew of the said Yeshwant Dhumale lays a claim to the suit property on the basis of last Will and Testament of the said Dhumale dated 18/6/2008 which is a registered document by which he claims that the suit premises have been bequeathed to him. It is further his case that in the said Will the testator has stated that he has given enough to both his daughters and they are well to do and considering the present position where the testator was looked after by the Plaintiff that the said Will came to be executed in his favour and the property is bequeathed to him. The said Will it appears was registered with the Sub-Registrar of...
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