Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.219/2018
in L.C. Suit No.529/2014
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Chamber Summons No.219 of 2018
(CNR NO. MH CC010015792018)
In
L.C. SUIT No.529 OF 2014
Mrs. Shakuntaladevi W/o Rajendrasingh Gagat …...Plaintiff
V/s.
Municipal Corporation of Gr. Mumbai & Ors. …...Defendants
Appearance:
Mr. Ravindra Singh, Advocate for the plaintiff.
Mrs. Chandramore, Advocate for the defendant No.1
Mrs. Prabhu, Advocate for the defendant No.2
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 23 rd January, 2020.
ORDER
1. By this chamber summons, plaintiff has prayed to carry out
necessary amendment as mentioned in the schedule attached to chamber
summons.
2. In affidavit in support, it is averred that suit is filed for
challenging the validity of the notice dated 02.12.2013 under Section
351 of MMC Act issued by defendant No.1. Subsequently the office of
defendants also issued notice in respect of ground floor premises of the
structure for which independent Suit No.13/2015 is already filed, which
is pending. The suit premises being upper portion is subject matter of
the suit. It is further averred that the defendants have categorically
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2 Chamber Summons No.219/2018
in L.C. Suit No.529/2014
stated that the plaintiff is in use, occupation and possession of the upper
portion of the said premises and according to plaintiff the same is in the
nature of mezzanine floor and according to the defendants, same is first
floor. There is regular staircase available to approach to the said
mezzanine floor. However, recently the defendants in collusion with
each other have carried out construction of wall overnight whereby the
entry of plaintiff to staircase in respect of upper portion of the premises
have been restricted. The photograph of the said wall have been placed
on record, which are evident to show the manner in which the staircase
has been covered by way of constructing wall by the defendants.
3. It is further averred that the said subsequent event and
changes are required to be brought on record therefore, it is prayed that
the chamber summons may kindly be made absolute.
4. To this chamber summons, defendants have not filed any
reply. Heard learned Advocate of plaintiff and defendant Nos. 1 and 2.
According to learned Advocate of defendant No.1, if present chamber
summons is allowed, nature of the suit will be changed and therefore
chamber summons does not need any favourable consideration.
On the other hand, it is submitted by learned Advocate of plaintiff
that since during the pendency of suit, wall has been constructed by
defendants in collusion with each other, chamber summons needs
favourable consideration.
5. The record shows that the suit is filed for challenging the
notice dated 02.12.2013 issued under Section 351 of MMC Act by
defendant No.1. Further, relief of permanent injunction is also sought in
respect of implementation of notice dated 02.12.2013 and for taking any
action for demolishing the suit premises. Record also shows that ad
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3 Chamber Summons No.219/2018
in L.C. Suit No.529/2014
interim relief is granted in favour of plaintiff. From the averment in the
affidavitinsupport of chamber summons, it is contention of plaintiff that
during the pendency of suit defendants constructed the wall, thereby
restraining the entry of plaintiff to the staircase to approach towards suit
premises. Therefore, it being subsequent event, requires to be added in
the suit by way of proposed amendment. No harm or prejudice will
cause to the defendants, if prayers as per the schedule attached to
chamber summons are allowed. Resultantly, I pass following order.
ORDER
1. Chamber Summons No.219/2018 is allowed in terms of prayer
clause (a).
2. Plaintiff is directed to carry out necessary amendment as per the
schedule attached to the chamber summons within 14 days from
the date of order and to serve the amended copy of plaint to the
defendants.
3. Defendants are at liberty to file written statement in respect of
amendment.
4. Chamber Summons No.219/2018 stands disposed off
accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 23/01/2020
Dictated on : 23.01.2020
Transcribed on : 24.01.2020
Checked on : 01.02.2020
Signed on : 01.02.2020
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in L.C. Suit No.529/2014
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 11.40 a.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 23.01.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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in L.C. Suit No.529/2014
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