Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.138/2019 ..1.. S.C.Suit No.1646/2018
CNR No. MHCC0155502018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.138 OF 2019
IN
S.C. SUIT NO.1646 OF 2018
Mushira Mohammad Khan
Age:,Years, Adult, Indian Inhabitant residing
at Room No.15,39, Kadar Mulla House,Wadi
Bunder, Mazgaon, Mumbai 400 010
.. Plaintiff
Versus
1 Jaibunissa Ibrahim Khan
Age:,Years, Occ: Housewife, Indian
Inhabitant residing Flat No.401, Qamar
Castle CHS Ltd., 51, Dockyard Road,
Mumbai 400 010.
2 Nasim Jaiderali Khan
Age: , Years, Occ: Housewife, Indian
Inhabitant residing at Flat No.401,
Qamar Castle CHS Ltd., 51, Dockyard
Road, Mumbai 400 010
3 Batul Yakub Shaikh
Age: Years, Occ: Housewife, Indian
Inhabitant residing at Room No.8,
Building No.3, Guru Shakti Complex,
Kulgaon Karjat Road, Badlapur (East),
Dist Thane
4 Shuaa Nayeem Bamne
Age: Years, Occ: Housewife, Indian
Inhabitant residing at Flat No.401,
Qamar Castle CHS Ltd., 51, Dockyard
Road, Mumbai 400 010 .. Defendants
Mr. Kapil Shetye, advocate for plaintiff
Mr. S.Y. Sayyed, advocate for defendants.
CORAM : M. T. ASIM, J
COURT ROOM NO.02
-- 1 of 5 --
CS No.138/2019 ..2.. S.C.Suit No.1646/2018
DATED : 16th August, 2019
ORAL ORDER
Chamber Summons is taken out by the plaintiff to permit
to amend the plaint as per Schedule annexed to the Chamber
Summons.
2. It is the contention of the plaintiff that after filing of
present suit he has received copies of certain documents from
Repair and Reconstruction Board of MHADA in respect of suit flat
under Right to Information Act. It is necessary to put on record
the details of those documents. So also in para 13 of plaint the
plaintiff has stated that her grandfather owned one ancestral
property at Village Giriya, Vijaydurg, Sindhudurg. Defendant
denied the same. The plaintiff has taken out certain copy of
revenue record in respect of aforesaid properties. It is necessary
to put on record details of those properties. Accordingly, the
plaintiff has sought leave to amend the plaint.
3. The defendants filed their reply to the Chamber Summons
and opposed the Chamber Summons. It is contended that there is
no reasonable ground to amend the plaint. The Chamber
Summons is liable to be dismissed.
4. Perused Chamber Summons, affidavit in support of
Chamber Summons, affidavit in reply of defendants and plaint.
5. Heard respective counsels for parties. They advanced their
arguments in accordance with respective contention of the
parties.
6. It is pertinent to note that suit has been filed for
-- 2 of 5 --
CS No.138/2019 ..3.. S.C.Suit No.1646/2018
administration of suit flat, declaration and partition of suit flat
and for permanent injunction from creating third party interest in
the suit flat. I have gone through proposed amendments as
contended in Schedule annexed to Chamber Summons. So far as
amendment sought by proposed para 8(a) is considered it relates
to redevelopment of property and receipt of copy of consent form
for redevelopment dated 09/04/2013 and copy of redevelopment
agreement dated 01/04/2004. It also relate to contention about
false representation by Haiderali Khan in respect of occupation of
the old room in lieu of which suit flat has been alloted. The
plaintiff has made averment about allotment of suit flat in lieu of
old room. So contention of proposed amendment is necessary for
just decision of controversy.
7. So far as proposed amendment sought as per para 8(b) is
concerned it relates to details of property at Village Giriya. The
aforesaid properties are not subject matter of present suit. Only
suit flat is subject matter of present suit. Therefore, the
amendment sought in terms of proposed para 8(b) is not
necessary to decide controversy between the parties. So I am not
inclined to allow the amendment as sought by way of proposed
para 8(b). In view of discussion made above the Chamber
Summons deserves to be partly allowed and pass following order:
ORDER
1 The Chamber Summons No.138 of
2019 is partly allowed to the extent
of proposed para 8(a) contained in
Schedule to the Chamber Summons
and made absolute only in that
-- 3 of 5 --
CS No.138/2019 ..4.. S.C.Suit No.1646/2018
regard.
2 The plaintiff is to carryout
amendment in relation to proposed
para 8(a) in Schedule within period
of two weeks from the date of the
order.
3 On carrying out amendment the
plaintiff has to place amended copy
of plaint on record and to serve the
same upon the defendants.
4 Accordingly the Chamber Summons
is disposed off.
(M. T. Asim)
Judge
Date : 16.08.2019 Gr. Bombay
Typed on : 16.08.2019
HHJ signed on :20.08.2019.
-- 4 of 5 --
CS No.138/2019 ..5.. S.C.Suit No.1646/2018
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
20.08.2019 & 5.09 p.m. : Mrs. Shobha Ashok Shekade
Name of the Judge (with Court no.) : HHJ Shri. M.T. Asim
(CR no. 02)
Date of pronouncement of Judgment/ : 16/08/2019
Order
Judgment/Order signed by the P.O. on : 20/08/2019
Judgment/Order uploaded on : 20/08/2019
-- 5 of 5 --