Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 240/2020 in Suit No. 412/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 240 OF 2020
(CNR NO. MHCC01-001578-2020)
IN
LONG CAUSE SUIT NO. 412 OF 2020
(CNR NO. MHCC01-010711-2019)
Mr. Mohammed Ayyub Shafi Khan ...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai
and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 26th FEBRUARY, 2020.
Mr. Pratap Singh, Advocate for Plaintiff.
Mrs. Mhatre, Advocate for Defendants / MCGM.
ORDER
This is a chamber summons taken out by plaintiff as MCGM
has issued a notice under Section 488 of MMC Act dated 21/01/2020.
2. Heard ld. Advocate Pratap Singh for plaintiff at sufficient
length.
3. It is strongly resisted by ld. Advocate Mhatre for MCGM.
Perused reply endorsed overleaf of the chamber summons.
4. On perusal of documents annexed by plaintiff, MCGM has
issued a notice under Section 488 of MMC Act dated 21/01/2020. It is
requested for amendment in Para No.20(B), (C), (D) and in prayer
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Ch/s No. 240/2020 in Suit No. 412/2020. 2 Order.
clause (A-1), (B-1). According to plaintiff, some adjacent neighbour has
received the photo-pass, therefore, plaintiff intend to add that suit
property impugned plot was declared as slum and photo-pass came to
be issued by the concerned authority.
5. To the extent of notice under Section 488 of MMC Act
dated 21/01/2020, it is issued during pendency of the suit. Hence
amendment to the extent of notice under Section 488 of MMC Act is
allowed. Plaintiff had the documents with him in respect of photo-pass.
He could plead that particular area was slum, which was not pleaded in
the plaint, therefore, it may change the nature of suit. Hence chamber
summons is partly allowed. Hence the order :
- ORDER -
1. Chamber Summons No. 240/2020 is partly allowed.
2. Plaintiff is permitted to amend para no.20(B) and prayer
clause (A-1) and (B-1).
3. Chamber Summons No. 240/2020 to the extent of para
no.20(C), 20(D) as mentioned in schedule stands rejected.
4. Plaintiff to carry out the amendment within three days
from uploading the order.
5. As assured by plaintiff, he may appear with copy of fresh
notice of motion to decide it on merit, r/on 29/02/2020.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 26/02/2020. Mumbai.
1. Dictated on : 26/02/2020.
2. Transcribed on : 28/02/2020.
3. Signed on : 28/02/2020.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 240/2020 in Suit No. 412/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
28/02/2020. 3.08 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 26/02/2020.
Judgment/Order signed by P.O. on 28/02/2020.
Judgment/Order uploaded on 28/02/2020.
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