Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.310/2019 1 Ch/Sum. No.375/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 375 OF 2019
(CNR No.MHCC01-001939-2019)
IN
L.C. SUIT NO.310 OF 2019
(CNR No.MHCC01-001366-2019)
Mohammed Yaqoob S/o Shafi Mohd. ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 06/08/2021.
Mr. Mukesh Dubey Advocate for Plaintiff.
Mr. Khandagale Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken out this Chamber summons for amendment of
plaint under Order-6 Rule-17 of CPC, 1908.
2. Mr. Mukesh Dubey Advocate for plaintiff has submitted that
plaintiff has filed present suit for declaration and perpetual injunction.
Plaintiff has also sought relief of temporary injunction. In the present
suit plaintiff has challenged notice dated 1/2/2019 under section 354A
of MMC Act in respect of the suit premises. The Designated Officer has
passed speaking order on 7/2/2019. Therefore, it is necessary to bring
this event on record. Hence, he prayed to allow the Chamber Summons.
-- 1 of 3 --
L.C.Suit No.310/2019 2 Ch/Sum. No.375/2019
2. Mr. Khandagale Advocate for Defendants / MCGM has submitted
by this amendment the nature of suit will change. He, prayed to
dismiss the chamber summons.
4. Perused the plaint. I have considered rival submissions of both
the parties. It appears that plaintiff has challenged the notice dated
1/2/2019. In the present suit, it appears that the speaking order is not
challenged in the suit. I have perused the schedule of amendment. It
appears that the amendment is necessary to determine the controversy
between the parties. By the said amendment no prejudice will be
caused to the defendant. Therefore, chamber summons deserves to be
allowed. Hence, following order.
ORDER
1. Chamber Summons No.375/2019 is made absolute in
terms of prayer clause (a).
2. Plaintiff is directed to carry out the amendment within two
weeks.
3. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 06/08/2021. Mumbai.
Dictated on : 06/08/2021.
Transcribed on : 06/08/2021.
Signed on : 06/08/2021.
-- 2 of 3 --
L.C.Suit No.310/2019 3 Ch/Sum. No.375/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/08/2021 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 06/08/2021
Judgment/Order signed by P.O. on 06/08/2021
Judgment/Order uploaded on 06/08/2021
-- 3 of 3 --