Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1..
MHCC010021932020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 339 OF 2020
IN
SUIT NO. 1676 OF 2019
(OLD SUIT NO.1102 OF 2013)
The Bombay Cloth Market Co. Ltd. ...Plaintiff.
Versus
Vijay Premnath Mishra. ...Defendant.
Appearance:
Advocate Mr. Piyush Shah a/w Pankaj Shah for plaintiff.
Advocate Mr. B.P. Shukla for defendant.
CORAM : HIS HONOUR JUDGE
R.V. Bhakta
COURT NO.2
DATED : 3rd August, 2024.
ORAL ORDER
This is the chamber summons taken by the plaintiff for
amendment in a plaint.
2. The plaintiff submitted that he has filed the present suit against
the defendant for the removal of encroachment of suit property. During
the pendancy of the suit the defendant has further extended his
encroachment in the plaintiff's property and thus, increased the
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ORDER ..2..
encroached area. Hence the plaintiff has filed the present chamber
summons to add additional encroached area of his property as a suit
property. The plaintiff added that if this application allowed then the
nature of suit will never change nor it affects the merits of the suit.
According to him, to identify the exact area of the encroachment as a
suit property the present amendment is necessary. Hence, prayed to
allow the chamber summons.
3. The defendant has contested the present chamber summons by
filing of his say in which he has denied the allegations made against
him in chamber summons. He has specifically denied that he has
increased the area by encroaching the plaintiff's remaining property. It is
further contention that if this amendment is allowed then it will change
the real nature of the suit and affects the merits of the suit. Hence,
prayed to reject the chamber summons.
4. Heard, both sides at length.
5. It is to be noted here that the plaintiff has filed the present suit
against the defendant for removal of encroached area i.e., suit property.
According to the plaintiff that during the pendancy of the suit the
defendant has further extended the encroached area. Therefore,
plaintiff's wanted to bring this subsequent event on record. In my view
by way of this the plaintiff wanted to add some additional encroached
area in a suit property. Whether the defendant has encroached the
additional area or not is a matter of evidence. Furthermore, it is the
case of the plaintiff that the defendant is a trespasser in a suit property.
Therefore the status of the defendant nor subject matter of the suit will
be changed. Definitely by way of this amendment the plaintiff wants to
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ORDER ..3..
add subsequent event of further encroachment. Therefore, he is entitled
to bring this subsequent event on record. In this circumstances, for the
ends of justice and to decide the real controversy between the parties, if
this application is allowed then it will not cause any prejudice to the
either party, rather it will serve the ends of justice. Hence, following
order.
ORDER
1. Chamber summons No. 339 of 2020 is hereby allowed with no
order as to costs.
2. The plaintiff is directed to carry out necessary amendment within
a limitation.
3. Plaintiff to file copy of amendment plaint.
(R.V. Bhakta)
Judge
City Civil Court, Gr.Mumbai
Date : 03.08.2024
Typed on : 03.08.2024
HHJ signed on : 03.08.2024
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ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 03.08.2024, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.V. Bhakta
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
03.08.2024
JUDGMENT/ORDER signed by P.O.
on
03.08.2024
JUDGMENT/ORDER uploaded on 03.08.2024
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