Final Order 1

Order Details: Chamber summons
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MHCC010013952020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.203 OF 2020
(CNR NO.MHCC01-001395-2020)
IN
L.C. SUIT NO.65 OF 2020
Ghanshyam Nakhwa @ Shyam Nakhwa ….Plaintiff.
V/s.
Municipal Corporation of Gr. Mumbai. ....Defendant.
Appearance :
Adv. Pooja Narvekar for plaintiff.
Adv. Amar Patil for defendant / BMC.
CORAM : HIS HONOUR JUDGE
SHRI. R.V. BHAKTA
(COURT ROOM NO.06)
DATE : 08th September, 2025.
ORAL ORDER
1. This Chamber Summons taken by the plaintiff to amend the
plaint as per the Schedule annexed in the Chamber Summons.
2. The plaintiff submitted that, while passing the order dated
30.12.2019 this Court specifically observed that the structure which is
seen in the photograph is duly protected. The said photographs are
already on record. By virtue of the said order, this Court have also been
observed that the building shown in the photograph presented by the
defendants is different than the premises of the plaintiff and
accordingly, no protection was sought for in respect thereof. The
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plaintiff further added that, despite the aforesaid facts, the Officer of
the defendants attended to the said premises on 09.01.2020 and despite
the orders passed this Court have punctured the part portion of the
premises. Immediately, after arrival of the demolition team, one of my
person had made the Officer concerned to talk with his advocate on
mobile phone and accordingly, when his advocate also requested them
not to take any action until the appropriate clarification is made by the
Court, the said Officer declined to accept the same. The plaintiff further
submitted that, in view of the said facts, the said Officers acted contrary
to the orders passed by this Court and in clear terms disobeyed the
orders passed by this Court amounting to contempt for which, he is
presenting a separate contempt Notice of Motion before this Court.
Therefore, he is presenting the Chamber Summons seeking indulgence
of this Court to allow him to carry out amendment to the plaint in terms
of the Schedule annexed to the Chamber Summons. Hence, prayed to
allow the Chamber Summons.
3. The defendant / BMC has strongly opposed this Chamber
Summons filed by plaintiff as the same is seeking to carrying out repairs
as a relief in the Suit which will change the nature of the Suit.
4. I have gone through application, say and heard both the parties.
It is pertinent to note here that, the plaintiff has taken this Chamber
Summons to amend the plaint as per the Schedule annexed in the
Chamber Summons. In my view, if this Chamber Summons is allowed it
will not change the real nature of the Suit nor will cause any prejudice
to the other side, rather it will help to this Court to decide the real
controversy between the parties. Hence, following order :
ORDER
1. Chamber Summons No.203 of 2020 is allowed and disposed of,
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accordingly.
2. The plaintiff is directed to carry out necessary amendment
within limitation.
3. Cost in main cause.
(R.V. BHAKTA)
Judge,
City Civil Court,
Date: 08.09.2025 Gr. Bombay.
Dictated on : 08.09.2025
Signed on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09/09/2025 05.40 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. R.V. BHAKTA
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
08.09.2025
Judgment/Order signed by P.O. on 09.09.2025
Judgment/Order uploaded on 09.09.2025
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