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
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

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IN THE CITY CIVIL COURT AT DINDOSHI, BORIVALI

NOTICE OF MOTION NO. OF 2018

L. C. SUIT NO. OF 2018

aged about ….. years, Indian Inhabitant, )

Muslim Adult, Occ:- Business, Having )

Address at Juhu Koliwada, Hirabuwa )

Gawade Marg, Cross Smashan Bhumi )

Road, Juhu, Santacruz (West), )

1. THE STATE OF MAHARASHTRA )

Through The Collector, Mumbai )

Administrative Building, Bandra (East) )

Administrative Building, Opp. Chatna )

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

3. MUNCIPAL CORPORATION OF GREATER)

Having its office at Mahapalika )

Building, Mahapalika Marg, Fort, )

Mumbai – 400 001. )

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

Mumbai, dated this day of , 2018

THIS NOTICE OF MOTION is taken )

Advocates for the Plaintiff, )

Advocates for the Plaintiff.

1. THE STATE OF MAHARASHTRA

2. THE DY. COLLECTOR

3. THE MUNCIPAL CORPORATION OF GREATER

The Defendants abovenamed.

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

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

NOTICE OF MOTION NO. OF 2018

L. C. SUIT NO. OF 2018

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:-

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.

knowledge and based on information and the Exhibits

annexed thereto and true and I verify the same.

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

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

Advocate for Plaintiff Plaintiff

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

Indian Inhabitant, having address at

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