Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.244/20 ..1.. in L.C. Suit No.1284/14
MHCC010016572020
Presented on : 07-02-2020
Registered on : 07-02-2020
Decided on : 02-08-2025
Duration : 05 Y, 5 M, 25 Days
IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY
CHAMBER SUMMONS NO.244 OF 2020
IN
L.C. SUIT NO.1284 OF 2014
Shri. Haji Mohd. Hasan Hajati
Age : 60 Years, Occupation : -
Address : Flat No.801 & 802, 86, Samuel
Street, Dongri, Mumbai-400 009.
)
)
)
) .. Plaintiff
V/s.
The Municipal Corporation of Gr. Mumbai
a Body incorporated under the Provisions
of MMC Act, having its office at
Mahapalika Marg, Fort, Mumbai-400
001.
)
)
)
)
) .. Defendant
Appearance :
Ld. Adv. Shri. S.N. Yadav, for plaintiff.
Ld. Adv. Shri. Chaitanya Dalvi, for defendant/MCGM.
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Chamber Summons No.244/20 ..2.. in L.C. Suit No.1284/14
CORAM : HIS HONOUR THE ADDL.
SESSIONS JUDGE SHRI. ANIL D.
SALUNKHE (C.R.5)
DATE : 02/08/2025
O R A L O R D E R
. This Chamber summons is taken out by the plaintiff for
relief of allowing him to bring on record correspondence/letters dated
07/01/2020 regarding regularization of the suit premises.
Defendant/MCGM filed say on this chamber summons and strongly
opposed on the ground that, the provisions of law is not required to
plead in pleading. So, prayed for rejection of the chamber summons.
2. Heard Ld. Advocate Shri. J.S. Yadav for plaintiff and Ld.
Advocate Shri. Chaitanya Davli for defendant/MCGM. Perused entire
record including rival pleadings.
3. Points alongwith my findings and reasons thereon in brief
are as under;
Sr.
No.
POINTS FINDINGS
1. Whether this is fit case to allow the proposed
amendment ?
Yes.
2. What order ? As per final order
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Chamber Summons No.244/20 ..3.. in L.C. Suit No.1284/14
R E A S O N S
4. In short, considering rival submissions and record before
me it shows main suit is filed by the plaintiff challenging legality and
validity of the notice in question under section 351 of MMC Act with
regard to suit structure i.e. premises. Record also shows reference of
notice under section 488 of MMC Act was also issued on 28/04/2014.
Apart from it, plaintiff has annexed copy of letter dated 07/01/2020
addressing to the Assistant Municipal Commissioner through advocate.
Defendant/MCGM has not denied fact of issuance of such notice/letter
and contents therein was addressed to the office of defendant/MCGM.
In the circumstances, considering nature of contents in proposed
amendment as per reference in schedule, according to me to adjudicate
main point in controversy between parties on merit as well as to avoid
multiplicity of the litigation between parties, it is just and proper to
allow the plaintiff to made proposed amendment. Furthermore,
defendant/MCGM has liberty to file its written statement and adduce
evidence in order to show how the pleading and relief sought by
plaintiff is not considerable in eyes of law. Therefore, to adjudicate the
main point in controversy between parties on merit, according to me,
this is a fit case to allow proposed amendment. So, in view of all above
aspects, I answer point No.1 in the affirmative and in answer to point
No.2, I pass the following order.
ORDER
1. Chamber summons No.244/2020 is made absolute in terms of
prayer clause (a).
2. Plaintiffs to carry out proposed amendment in the plaint within 14
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Chamber Summons No.244/20 ..4.. in L.C. Suit No.1284/14
days.
3. Chamber summons No.244/2020 is accordingly disposed of.
(Pronounced in open Court)
Date : 02/08/2025. (Anil D. Salunkhe)
Judge, City Civil Court,
Gr. Bombay (CR.5)
Dictated on : 02/08/2025
Transcribed on : 04/08/2025
Checked on : 06/08/2025
Signed on : 08/08/2025
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Chamber Summons No.244/20 ..5.. in L.C. Suit No.1284/14
“CERTIFIED TO BE 09/07/2025 TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
11/08/2025 12.35 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge H.H.J. Shri. Anil D. Salunkhe
(C.R. No.5)
Date of Pronouncement of
Judgment/Order.
02/08/2025
Judgment/order signed by P.O on 08/08/2025
Judgment/order uploaded on 11/08/2025
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