Final Order 1

Order Details: Chamber summons
Pdf Text: 21.02.2022
32
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 3162/2013
@ CS 153/2020
Exh. 05A
Plff and deft present.
Adv Sushil Inamdar for plff present.
Adv Siraz Shaikh for deft present.
Heard Adv for both parties on Chamber summons 153/2020.
Perused the record. Chamber summons is for recasting of
issue no. 2 and framing additional issue in respect of
compensation for wrongful use of the suit premises by the
deft. Adv for deft submitted that plff has filed the false suit
against the deft.
From the perusal of record, it appears that suit is for
possession of the suit premises. Plff wants to amend issue
no. 2 with respect to date of his dispossession i.e.
17/12/2012.
Now plff wants to amend the issue no. 2 on the ground that
deft took possession of the suit premises on 16/01/2013.
Further the plff is praying for framing at additional issues
with regard to compensation for wrongful use of the suit
premises by the deft.
Under the circumstances, no prejudice would be coused to
the deft if chamber summons is allowed as deft will have the
opportunity to crossexamine the plff on the date of
dispossession or on the ground of compensation. Hence
Chamber summons 153/2020 is allowed and disposed of.
Issue no. 2 is recasted as under :
Does the plaintiff proved that on 16/01/2013, defendant
forcibly took possession of the suit premises / suit hut ? and
following additional issues is framed at Exh. 05A.
Does the plaintiff proved that defendant is liable to pay
compensation of Rs. 5 Lakhs to the plaintiff for wrongful use
and occupation of the suit premises / suit hut ?
Matter stands Adj for Evidence of plff to 11/04/2022.
Judge
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