Final Order 1

Order Details: Other
Pdf Text: 28.11.2025
Sr. No. 93
CORAM: H.H.J. A.M. BHANDARWAR, (C.R. NO.09)
SU 1463/2018
CS 493/2019
Exh.5
Adv. Luman h/f Adv. Pratap Singh present for plaintiff.
Adv. Rahul Rathod for defendant no.1 and 2/BMC present.
Order passed on Chamber Summons no.493/2019:
The present is filed to carry out the amendment with respect to the
subsequent developments about the issuance of notice under Section
488 of MMA Act, 1888. In view of that plaintiff wants to introduce the
amendment as para No. 18A, 18B, 18C, 18D and in prayer clause A1,
B1 in suit as well as in Notice of Motion.
The defendant Nos. 1 and 2 strongly opposed the Chamber Summons
and submitted that it will change the nature of the suit.
Defendants No.3 submitted that it is subsequent event and submitted
to the Court to pass the suitable order.
Heard both the sides.
I have gone through the schedule of amendment, prayers and suit.
The present amendment is with respect to the introduction of the
subsequent events i.e. issuance of notice u/Sec. 488 of MMA Act and
prayed declaration to that effect. Therefore, this Court is of the
opinion that it will not change the nature of the suit. In the interest of
justice, Chamber Summons is hereby allowed. The plaintiff to carry
out the amendment as per the schedule annexed to the Chamber
Summons on or before next date. The Chamber Summons
no.493/2019 is disposed of accordingly.
Earlier order if any, to continue till next date.
Matter is adjourned to 19.12.2025 for Compliance.
LO at 5.00 pm
Adv. Santosh Vishwakarma for Applicant present and tendered draft
CS alongwith affidavit in support of same. TOR. O-Leave granted to
register.
He also filed Vakalatnama for applicant. TOR and marked as Exh.5
Matter is already adjourned to 19.12.2025 for Compliance and CS
Service.
Judge
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