Final Order 1

Order Details: Chamber summons
Pdf Text: C/S No.47/2018 ..1.. Suit No.862/2008
CNR No.MHCC010002302018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.47 OF 2018
IN
SUIT NO.862 OF 2008
Suraj Jitu Yadav .. Plaintiff
Versus
Mangalesh Rajpat Patel alias Kunb .. Defendant
Mr. Kulkarni, advocate for plaintiff
Mr. Gaikwad, advocate for defendant
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 17th December, 2018
ORAL ORDER
By present chamber summons plaintiff has sought
permission to amend plaint.
Defendant opposed the chamber summons by filing his
reply.
2. Heard counsel for parties.
3. Present chamber summons is taken out by plaintiff to bring on
record subsequent events relating to land wherein suit premises is
situated by way amendment to plaint. It is contended that in view of
aforesaid development it is clear that defendant has no right over the
suit premises. It is contended that aforesaid facts are subsequent
events. Accordingly, he prayed to make absolute chamber summons.
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C/S No.47/2018 ..2.. Suit No.862/2008
4. Defendant opposed the chamber summons mainly on the count
that suit filed by plaintiff is simplicitor for injunction against him and
therefore, subsequent events are not material. More so, hearing of the
suit has commenced therefore chamber summons taken out is not
maintainable. Accordingly, it is prayed that chamber summons be
dismissed.
5. Learned advocate for plaintiff reiterated the facts mentioned in
affidavit filed in support of chamber summons and urged to allow
chamber summons and make it absolute.
Per contra, learned advocate for defendant submitted that
incorporation of subsequent events is not necessary for just decision of
suit as same is simplicitor for injunction. He prayed for dismissal of
chamber summons
6. I have gone through proposed amendment in chamber summons.
It relate to subsequent events that have taken place during pendency of
present suit and relate to suit premises and its status. I have gone
through Issue No.3. As per said issue burden is upon defendant to prove
that suit property belongs to him and he is in physical possession over
the same. In view facts of matter as narrated above, proposed
amendment is just and necessary for adjudication of suit. It does not
change nature of suit. Further those subsequent events occurred after
commencement of proceeding so question of applying for amendment
in that regard before commencement of proceeding did not arise. So,
objection of defendant in that respect has no merits. In light above
discussion, proposed amendment needs to be allowed. Hence, following
order :
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C/S No.47/2018 ..3.. Suit No.862/2008
ORDER
1. Chamber Summons No.47 of 2018 is allowed and made absolute
in terms of prayer clause (a) only.
2. Compliance is to be made within prescribed period of 14 days
and copy of amended plaint be filed in Court and it be served
upon defendant.
3. Costs will be the cause in suit.
4. Accordingly, chamber summons is disposed off.
(M. T. Asim)
Judge
Date : 17.12.2018 Gr. Bombay
Typed on : 17.12.2018
HHJ signed on :
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C/S No.47/2018 ..4.. Suit No.862/2008
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18.12.2018, 3.00 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
17.12.2018
JUDGMENT/ORDER signed by P.O.
on
18.12.0128
JUDGMENT/ORDER uploaded on 18.12.2018
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