IN THE CITY CIVIL COURT AT DINDOSHI, BORIVALI

DIVISION, MUMBAI

NOTICE OF MOTION NO. OF 2018

IN

L. C. SUIT NO. OF 2018

MR…………………………………………………. )

aged about ….. years, Indian Inhabitant, )

Muslim Adult, Occ:- Business, Having )

Address at Juhu Koliwada, Hirabuwa )

Gawade Marg, Cross Smashan Bhumi )

Road, Juhu, Santacruz (West), )

Mumbai - 400054. )

….PLAINTIFF

V/S.

1. THE STATE OF MAHARASHTRA )

Through The Collector, Mumbai )

Suburban District, )

Administrative Building, Bandra (East) )

Mumbai-400 051 )
2. THE DY. COLLECTOR )

Administrative Building, Opp. Chatna )

College, Bandra (East), Mumbai-400 051 )

3. MUNCIPAL CORPORATION OF GREATER)

MUMBAI )

Having its office at Mahapalika )

Building, Mahapalika Marg, Fort, )

Mumbai – 400 001. )

...DEFENDANTS

TAKE NOTICE THAT this Hon’ble Court will be moved before

His Honour Judge Shri. . . . . . . . …… presiding in Court

Room No. . . . . on the . . . . . day of ………………, 2018 at . . . .

. . . . a.m./ p.m. (S.T.) or soon thereafter as the counsel can

be heard by the counsel on the part of the Plaintiff

abovenamed for the following reliefs:-

a) Pending the hearing and final disposal of the suit, this

Hon’ble Court be pleased to pass an order of Temporary
Injunction, restraining Defendants, their servants,
employees, agents, officers, representatives and/or any
persons claiming through or under them from
demolishing, pulling down, removing and/or taking any
kind of demolition action in respect of the suit premises
viz. adm. about 22 X 17 Sq. Ft. constructed of Bricks
walls and AC sheets roofed situated at Juhu
 Koliwada, Hirabua Gawande Marg, Across Smashan
Bhumi Road, Santacruz(West), Mumbai- 400049 or
any part thereof, without following due process of law.
b) Interim and ad-interim relief in terms of prayer clause
(a) above be granted.
c) That the costs of the Notice of Motion be provided for;
d) Such other and further reliefs as the nature and
circumstances of the case may require be granted.

Mumbai, dated this day of , 2018

THIS NOTICE OF MOTION is taken )

Out by …………………… )

Advocates for the Plaintiff, )

having office at )

Advocates for the Plaintiff.

To,

1. THE STATE OF MAHARASHTRA

2. THE DY. COLLECTOR

3. THE MUNCIPAL CORPORATION OF GREATER

MUMBAI

The Defendants abovenamed.

N.B: Affidavit of MR………………………………, the Plaintiff

abovenamed, solemnly affirmed on this ….. day of September,

2018 will be used in support of this Notice of Motion.

 IN THE CITY CIVIL COURT AT DINDOSHI, BORIVALI
DIVISION, MUMBAI

NOTICE OF MOTION NO. OF 2018

IN

L. C. SUIT NO. OF 2018

………………………………………………………… …PLAINTIFF

V/S.

THE STATE OF MAHARASHTRA AND ORS. ..DEFENDANTS

I, ………………………………., aged about …. years, Hindu

Adult, Indian Inhabitant, having address at

………………………………………………………., the Plaintiff

abovenamed, do hereby solemn affirm and state as under:-

1. I say that I have filed the aforesaid suit inter alia for

permanent and ad-interim reliefs as prayed for thereto, for

costs and other reliefs.

2. I repeat, reiterate and confirm statements and

averments made in the Plaint as if the same are incorporated

herein and forming part of this application.

3. I say that the facts set out in the Plaint are true to my

knowledge and based on information and the Exhibits

annexed thereto and true and I verify the same.

4. I say that, in the facts and circumstances, set out in the

Plaint, I am entitled to interim and ad-interim reliefs as

prayed for therein. I say that if the reliefs as prayed for are not

granted, then I shall suffer incalculable loss, harm and

prejudice which cannot be compensated in terms of money on

the contrary if the reliefs as prayed for are granted, no loss,

harm, injury and prejudice would be caused to the

Defendants. The balance of convenience is in my favour.

I therefore pray that above Notice of Motion be made absolute

with cost.

Place:- Mumbai

Date – 03/09/2018

Advocate for Plaintiff Plaintiff

VERIFICATION

I, …………………………….., aged about …. years, Hindu Adult,

Indian Inhabitant, having address at

……………………………..., the Plaintiff abovenamed do hereby

solemnly declare that what is stated in the abovesaid Affidavit

is true and correct to the best of my knowledge and strong

belief and I believe the same to be true.

Solemnly affirmed at Bombay )

This 2nd day of September, 2018 )

PLAINTIFF

BEFORE ME

Identified & explained by me,

Advocate for Plaintiff