Ramankumar Babunarayan Jha v. Kishor Dhondu Chavan
Case brief
What is this about?
In a notice of motion seeking an injunction and appointment of a receiver under Section 6 of the Specific Relief Act regarding a demolished garage, the Court rejected the application as no prima facie case was established due to the non-existence of the property and unregistered agreements.
What did the court decide?
Notice of motion rejected; no order as to costs.
What the court decided
nms2805.06.sxw
1
IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2805 OF 2006 IN
SUIT NO. 2418 OF 2006
Ramankumar Babunarayan Jha ..Plaintiff Vs.
Kishor Dhondu Chavan & Ors. ..Defendant.
Mr. R.C. Kaushik for the Plaintiff.
None for the Defendants.
CORAM : A.A. SAYED, J.
DATE : 14TH JANUARY , 2011.
P.C.
- The plaintiff has filed the above suit under Section 6 of Specific Relief Act, 1963, alleging that he has been dispossessed by the defendant No.1 from the suit garage. The suit garage is described as commercial premises admeasring 30 X 80 sq. feet constructed by iron patra and wooden pillars at Chavan Chawl, Kajupada, Gamdevi Road, Poisar, Kandivali (East) Mumbai- 400 401.
Issues for consideration
2 issues framed by the court
Whether a prima facie case is made out to grant an injunction pending suit and appointment of a receiver when the alleged property does not exist in physical form.
Whether unsigned, unregistered agreements establish the plaintiff's identity, possession, and title to the suit property.
Coram
A.A. SAYED
Case details
As recorded by the court registry
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