Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.683/2018 1 Ch/Sum. No.320/2019.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 320 OF 2019
(CNR No.MHCC01-001635-2019)
IN
L.C. SUIT NO.683 OF 2018
(CNR No.MHCC01-013169-2017)
Parshuram Gopal Kule ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
And
1. Sushila Prabhatilal Yadav & 12 Ors. ...Applicants.
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 20/03/2021.
Mr. Aditya Mishra Advocate for Plaintiff.
Ms. Tondwalkar Advocate for Defendants / MCGM.
Mr. Trivedi Advocate for Applicants.
ORDER
1. Applicants have taken out this Chamber summons under Order-1
Rule-10 of CPC, 1908 for adding them as a defendants in the present
suit.
2. Mr. Trivedi Advocate for applicants has submitted that plaintiff is
the tenants of late Prabhatilal. Applicants are the legal heirs of
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L.C.Suit No.683/2018 2 Ch/Sum. No.320/2019.
Prabhatilal. Plaintiff had made an application in Small Causes Court.
The Small Causes Court had permitted to carry repairs. Thereafter,,
applicants had filed Writ Petition in the Hon’ble Bombay High Court and
the Hon’ble Bombay High Court permitted the applicants to intervene
the matter. He further submitted that thereafter defendant/Corporation
inspected the suit site and found that structure is illegal. The notice
was issued under section 351 of MMC Act. Accordingly, the structure
was demolished by the Corporation. Applicants have filed eviction suit
against the plaintiff in Small Causes Court. In the said suit contempt
notice of motion brought by the plaintiff is dismissed. He further
submitted that plaintiff has suppressed material facts. Plaintiff by this
suit seeking the action of demolition of the suit premises as illegal and
bad in law. Applicants are landlord of the suit premises. Therefore, if
any decree or order is passed then the same will certainly affect the
rights of the applicants. Hence, he prayed to allow the Chamber
Summons.
3. Mr. Aditya Mishra Advocate for plaintiff has submitted that
plaintiff has challenged the action of defendant/Corporation. Therefore,
applicants are neither necessary nor proper party to the suit. However,
he admits that applicants are the landlord of the suit premises.
4. Admittedly, the relation between he applicants and plaintiff is the
landlord and tenants. Admittedly, litigations are pending between the
parties in Small Causes Court. Record shows that the defendant/
Corporation has demolished premises after giving notice under section
351 of MMC Act by this Court. Plaintiff has sought relief of declaration
of the action of Corporation that the same is illegal and bad in law.
Plaintiff also sought relief of reconstruction of the shop and maintain
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L.C.Suit No.683/2018 3 Ch/Sum. No.320/2019.
the positions of status-co ante. Plaintiff has also paid damages of Rs.1
lac. It is true that plaintiff is dominus litis. However, under order-1 rule
10 of CPC the Court has discretion to add any person in the suit, who is
necessary or proper party. Looking to the pleading of the plaintiff, I find
that applicants being landlord of premises are necessary and proper
parties to the suit. Hence, chamber summons deserves to be allowed.
Hence, following order.
ORDER
1. Chamber Summons No.320/2019 is made absolute in
terms of prayer clause (a).
2. Plaintiff is directed to carry out the amendment within four
weeks.
3. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 20/03/2021. Mumbai.
Dictated on : 20/03/2021.
Transcribed on : 20/03/2021.
Signed on : 20/03/2021.
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L.C.Suit No.683/2018 4 Ch/Sum. No.320/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
20/03/2021. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 20/03/2021.
Judgment/Order signed by P.O. on 20/03/2021.
Judgment/Order uploaded on 20/03/2021.
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