High Court granted ad-interim relief for a single inspection of auctioned property by successful purchasers but declined orders regarding rent collection as plaintiff allowed tenants to be pursued.
Ad-interim permission granted for one-time inspection of property upon prior notice; no order on rent collection.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 164 OF 2005
IN
SUIT NO. 3320 OF 2003
Malti Madhav Desai .. Plaintiffs
versus
Municipal Corpn. of Gr.Mumbau & ors... Defendants
Mr.S. Bhandary i/b Bhandary & Bhandary for the
plaintiff.
Mr. G.V. Murti for the defendant nos.4 to 6.
Mr.H.V. Tendulkar for the defendant nos.1 to 3.
CORAM : D.G. KARNIK,J.
DATED : 4th March 2005.
P.C.:
1. The property originally belonged to the
plaintiff and was auctioned by defendant no.1 i.e.
for non payment of taxes. The defendant no.4 to 6
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only claim to be the purchasers of the property. The
suit has been filed by the plaintiff for setting
aside of the auction. In the meanwhile, the
defendant nos.4 to 6 have taken out the present
motion for two reliefs. Firstly, the defendants
claim that they should have allowed to inspect the
property which they have purchased and in particular
the portion which is presently occupied by the
plaintiff. Secondly, they should be allowed to
collect the rent.
2. So far as the first prayer is concerned, the
learned counsel for the plaintiff states that the
plaintiff has no objection for permitting the
defendant nos.4 to 6 to carry out only the inspection
of the property without prejudice to all rights and
contentions of the plaintiff. As regards the second
prayer, it is open to the defendant nos.4 to 6 to
recover rent from the tenant and if they fail to pay,
take appropriate action against the tenant as is
available to them in law. No order is necessary in
that regard from this Court. Hence, I pass the
following order:-
3. There shall be ad-interim relief in terms of
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prayer clause (b) provided that (i) the defendants
give prior notice of date and time of inspection and
(ii) this relief however would not entitle the
defendant nos.4 to 6 to take inspection again and
again but would entitle them to take the inspection
only once.
4. No further ad-interim relief. Motion is made
returnable in due course.
D.G. KARNIK,J
2 issues framed by the court
Whether the defendants entitled to ad-interim inspection of the auctioned property.
Whether defendants entitled to ad-interim relief to collect rent from the tenant.
Malti Madhav Desai
Municipal Corpn. of Gr. Mumbau
Defendant Nos. 4 to 6
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court