Final Order 1

Order Details: Other
Pdf Text: Advocate for Plaintiff present. None present for Defendant. ORDER ON CHS NO.311/19 This
Chamber Summons is taken out by Plaintiff for amendment in the plaint as shown in the schedule.
Plaintiff&amp#039s CA Suryakant Bait has filed affidavit in support of Chamber Summons
contending that this suit is filed for various reliefs claimed in the suit. It is contended that Plaintiff
was under erroneous assumption that Plaintiff had executed development agreement in pursuance to
MOU executed between Plaintiff on oner side and Defendant nos.2 and 3 on other side. In a
criminal case no.3400063/SW/2009 filed before 34th Metropolitan Magistrate, Vikhroli, Mumbai
by Defendant no.3. It is alleged that Plaintiff and Defendant no.1 and 2 have played fraud upon
Defendant no.3 by executing conveyance deed and handing over possession of suit plot to
Defendant no.1. Hence, Plaintiff came to know about allegations made in respect of conveyance
deed and alleged fraud. Thereafter, Plaintiff filed Criminal Revision Application no.409/10 to quash
issue process order passed by said Metropolitan Magistrate Court. Said Criminal Revision
Application is allowed on merits vide order dated 30/11/2011. Defendant nos.1 and 2 also have filed
same Criminal Revision Application but Plaintiff came to know that complaint filed by Defendant
no.3 is pending before Metropolitan Magistrate Court, Vikhroli. Defendant no.3 and her husband
had filed Criminal writ petition no.598/12 before Hon&amp#039ble High Court challenging
order passed in Criminal Revision Application no.409/10 and said writ petition came to be
dismissed on 25/09/2013. Plaintiff came to know that Defendant nos.1 and 2 have demolished the
building for re-development therefore he filed this suit for declaration of conveyance deed as null
and void against Plaintiff. Said suit was dismissed and thereafter the building is demolished. It is
contended that since Defendants have altered suit plot by demolishing suit structure, it has becomes
necessary for Plaintiff to amend the plaint as shown in the schedule annexed to the Chamber
Summons. Hence, Plaintiff has prayed to allow Chamber Summons. Defendants have not filed their
reply to Chamber Summons and Plaintiffs advocate argued that the Chamber Summons is necessary
to be made absolute for bringing on record the fact that structure from suit premises is demolished
by Defendants. Considering the fact that Plaintiff is intending to bring on record subsequent
development, I find that Chamber Summons is necessary to be made absolute. Further, def s have
not resisted Chamber Summons inspite of giving sufficient opportunity, hence I proceed to pass
following order- ORDER 1. Chamber Summons no.311 of 2019 is made absolute in terms of prayer
clause (a) of Chamber Summons. 2. Plaintiff is directed to carry out proposed amendment in the
plaint within stipulated time provided by law. 3. Plaintiff is further directed to serve the copies of
amended plaint upon Defendants and to file typed copy of amended plaint for the record of the
court. Case is adjourned to 16/11/2019 for Compliance.
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