Final Order 1

Order Details: Chamber summons
Pdf Text: : 1: Chamber Summons No.377-19
CNR NO. MHCC01-001967-2019
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO. 377 OF 2019
in
L.C. SUIT NO. 2505 OF 2011
Smt. Nanda Ganashyam Sonawane & Others ]...Plaintiffs.
Versus
M.C.G.M. & Others ]..Defendants.
And
MHADA & Others ].. Respondents
Prop. Defendants
Nos. 5,6 & 7.
Appearance:
-
Shri. G.B. Bhatt; Ld Advocate for plaintiffs.
Smt. Vyavahare; Ld Advocate for defendants/MCGM.
CORAM: H.H.JUDGE & ADDL.
SESSIONS JUDGE,
SHRI. K. P. KSHIRSAGAR,
(C.R. No.05).
DATE : 21st AUGUST, 2021.
ORAL ORDER
1. Plaintiffs have taken out this Chamber Summons for allowing them
to amend the plaint as per schedule.
2. Perused the Chamber Summons, affidavit in support of same,
plaint and documents relied by plaintiffs. The proposed defendants did not file
reply nor advanced their arguments. Heard Ld Advocate for plaintiffs and Ld
Advocate for MCGM.
3. Learned Advocate for plaintiffs argued that during pendency of the
suit the suit premises undergone for redevelopment. Therefore, by the proposed
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: 2: Chamber Summons No.377-19
amendment plaintiffs want to add prayer for permanent alternate accommodation
and want to add proposed defendant Nos. 5,6 and 7 as party to the present suit as
they are redeveloping suit premises and wants to add necessary pleading in
respect of the above prayer and wants to bring on record certain documents. The
proposed amendment is not likely to change the nature of the suit and it is
necessary for avoiding multiplicity of proceedings. Proposed amendment is
necessary for the purpose of determining the real question in contraversy.
Therefore the Learned advocate for the plaintiffs prayed that Chamber summons
be allowed.
4. On the other hand Learned Advocate for the defendant No.1 argued
that proposed amendment changes the nature of suit and cause of action.
Proposed amendment is not necessary for determining the real question in
controversy. Plaintiffs have taken out present Chamber Summons only to protract
the litigation. Hence, Chamber Summons be dismissed.
5. Perusal of the plaint reveals that plaintiffs have filed the present suit
for declaration that they alongwith defendant Nos. 2 and 3 are tenants in common
of defendant No.1 and they are having equal rights, title and interest in the suit
premises and for directing defendant No.1 to issue rent receipt in the name of
plaintiff No.1 and defendant No.2 and 3 jointly. It appears that the plaintiffs
presented the plaint in the year 2011. By the proposed amendment plaintiffs want
to bring on record certain developments regarding redevelopment of the property
in which suit premises is situated which took place during the pendency of the
suit and plaintiff wants to add the developers as party to the present suit and
wants to claim relief of permanent alternate accommodation and benefits of
redevelopment. The proposed amendment does not change the nature of the suit
and it appears necessary for the purpose of determining the real question in
contraversy between the parties and for avoiding multiplicity of the suit.
Moreover no prejudice is likely to be caused to the defendants if the proposed
amendment is allowed. Trial of the suit is also not commenced. Merits of the
amendment cannot be considered at this stage.
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6. Considering the matter on record and facts of the case and above
discussion as the proposed amendment is necessary for the purpose of
determining real question in contraversy between the parties and for avoiding
multiplicity of the suits and as no prejudice is likely to be caused to the
defendants, in the interest of the justice the Chamber Summons deserves to be
allowed.
7. Threfore the court proceeds to pass the following order :
ORDER
1. Chamber Summons No.377/19 is allowed.
2. Plaintiffs shall carry out amendement as per schedule of the proposed
amendment within fourteen days from the date of this order.
3. Chamber Summons No. 377/19 is disposed of accordingly.
4. Cost in cause.
(K.P. Kshirsagar)
Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated and directly typed on : 21/08/2021.
Checked on : 21/08/2021.
Signed by HHJ on : 21/08/2021.
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: 4: Chamber Summons No.377-19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/08/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
21/08/2021.
JUDGMENT/ORDER signed by P.O.
on
21/08/2021.
JUDGMENT/ORDER uploaded on 23/08/2021.
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