Final Order 1

Order Details: Chamber summons
Pdf Text: CS 98-19 IN
L.C. SU 1622 of 2013 1 Date : 25.11.2025
MHCC010005982019
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
CHAMBER SUMMONS NO. 98 OF 2019
(CNR NO.MHCC01-000598-2019)
IN
L.C. SUIT NO. 1622 OF 2013
Jagitsingh Jogindersingh Reen ] …. Plaintiff
VERSUS
MHADA ] …. Defendant
CORAM : HIS HONOUR JUDGE
SUBHASH K. KARHALE
C.R.NO. : 08.
DATE : 25.11.2025.
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1) Ld. Adv. Shri. Rajesh Patil for plaintiff.
2) Ld. Adv. Shri. Prakash Lad for defendant/MHADA.
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ORAL ORDER
(Dictated in open court)
1. The plaintiff has taken out this chamber summons to make the
amendment in the plaint as per schedule Exhibit-A.
2. The defendant has filed its affidavit in reply and contested the
chamber summons.
3. Heard Ld. Advocates for both parties at length.
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CS 98-19 IN
L.C. SU 1622 of 2013 2 Date : 25.11.2025
4. Ld. Advocate for plaintiff Shri. Rajesh Patil submits that the
proposed amendment is in respect of the subsequent events after fiiling
of the suit. It is pre trial amendment. The defendant’s WS is not yet
accepted by this court. Hence, proposed amendment may be allowed.
5. Ld. Advocate for defendant Shri. Prakash Lad has argued that the
major part of the suit premises is already demolished by the defendant
and the suit has become infructuous. The nature of the suit premises is
already changed. Hence, proposed amendment may not be allowed.
6. Ld. Advocate for plaintiff has not pressed the proposed
amendment clause-B in the schedule Exh.A in respect of the claim of the
plaintiff regarding compensation amount of Rs.25,75,000/- along with
prayer clause-(c) and (c-1) therein. Hence, those prayers are not
considered as “not pressed”.
7. Prima-facie by way of rest of the proposed amendment as shown
in schedule Exh.A para-18(a), (b), (c), (d), (e), (f) and (g) is
concerned, the plaintiff by way of proposed amendment in aforesaid
paragraphs wants to bring the events of grant of ad-interim relief
dtd.10.04.2013, non filing of written statement by defendant for long
time, his financial constraint to enter into an MOU to hand over
management of the hotel in the suit premises, demolition of some
structure of the suit premises by officials of defendant on 03.10.2017
and 04.10.2017, dismissal of the Notice of Motion No.4020/2013 by
this court on 28.04.2016, illness of the plaintiff, filing of Writ Petition
No.13564/2017 by plaintiff before the Hon’ble High Court and grant of
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CS 98-19 IN
L.C. SU 1622 of 2013 3 Date : 25.11.2025
ad-interim order by the Hon’ble Bombay High Court vide order
dtd.08.12.2017 etc.
8. On perusal of proposed amendment it is found that, the plaintiff
wants to bring the subsequent events taken place during pendency of
the suit on record. The plaintiff has sought the proposed amendment
prior to commencement of the trial. The proposed amendment is not
going to change the nature of the suit and same is necessary to
determine real controvercy between parties to the suit. Admittedly,
defendant has recently filed written statement (WS) along with notice
of motion to condon the delay and to take the WS on record which is
yet to be decided. Therefore, no prejudice would cause to the
defendant, if the proposed amendment is allowed. Hence, the order :-
ORDER
1. Chamber Summons No.98/2019 is partly allowed as follows :-
(i) The plaintiff is allowed to make the proposed amendment
in the plaint as per schedule Exh.A para-18(a) to (g) and file
amended plaint on next date i.e. 08.12.2025.
2. Costs in cause.
Date : 25.11.2025
Place : Mumbai.
(SUBHASH K. KARHALE),
Judge,
City Civil & Sessions Court,
Greater Mumbai.
Dictated and typed on : 25.11.2025.
Checked on : 26.11.2025.
Signed on : 26.11.2025.
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CS 98-19 IN
L.C. SU 1622 of 2013 4 Date : 25.11.2025
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER"
DATE : 26.11.2025 MRS. S.R. KARRE
STENOGRAPHER GRADE-I
UPLOAD DATE NAME OF STENOGRAPHER
Name of the Judge (with Court No.) : SHRI SUBHASH K. KARHALE.
C.R.NO.08.
Date of pronouncement of
judgment/order
: 25.11.2025.
Judgment/order signed by the P.O. on : 26.11.2025.
Judgment/order uploaded on : 26.11.2025.
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