Final Order 1

Order Details: Chamber summons
Pdf Text: ... 1 … CS No.525-2019 in Suit No.540-2017
MHCC010025852019 Presented on : 06.03.2019
Registered on : 06.03.2019
Decided on : 03.02.2025
Duration : 05 10 28
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY, AT BOMBAY
CHAMBER SUMMONS NO. 525 OF 2019
IN
SUIT NO. 540 OF 2017
(CNR NO. MHCC010025852019)
1
2
Ahmed Sayed
Son of Shammi Burhanuddin Sayed
earlier known as Ikrammuddin
Burhanuddin Sayed
Age : 46 years, residing in A-Block,
Ground Floor, Khalak Dina Terrace bldg
(also known as Hasan Manzil), Gowalia
Tank, A. K. Marg, Mumbai 400 036.
Shammi Sayed (earlier known as
Ikrammuddin Sayed)
Son of Late Mr. Burhanuddin Sayed
Age : 72 years, residing in A-Block,
Ground Floor, Khalak Dina Terrace bldg
(also known as Hasan Manzil), Gowalia
Tank, A. K. Marg, Mumbai 400 036. …. Plaintiffs
Versus
1
2
Pragnesh Shah
Son of Late Arvind Shah alias
Arvindkumar, age around 47 years,
Residing at 24, Warden Court,
79/81 Gowalia Tank, A. K. Marg,
Mumbai 400 036.
August Kranti Co-operative Housing
Society Ltd
A co-operative Housing society duly
registered under the provisions of
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... 2 … CS No.525-2019 in Suit No.540-2017
Maharashtra Co-operative Societies Act,
1960 having office at 79/81, Warden
Court, Gowalia Tank, A. K. Marg,
Mumbai 400 036. ….Defendants
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI A.SUBRAMANIAM
C.R.NO..
: 19
DATE : 03rd DAY OF FEBRUARY, 2025
Appearances :-
Plaintiff No.1 in person and for plaintiff No.2 also.
None for defendants.
ORAL ORDER
1. By present Chamber Summons, the applicant/plaintiff is praying
for amendment of the pleadings with regard to the suit. The suit
relates basically to right of open space or way adjoining occupied
premises of the plaintiff. In order to buttress the claim of such
open space and/or right of way, it is one of the claims that
defendants have no right in that property. By the proposed
amendment, plaintiffs intend to bring about the original
agreement of 1947 which allegedly creates different rights and
demarkets the property and ascertain rights therein.
2. The Chamber summons is strongly resisted by filing reply, on the
ground of it being belated and document of 1947 being called
and being relied upon at belated stage.
3. None for defendants, inspite of giving sufficient opportunity for
hearing of this Chamber Summons.
4. On perusal of the documents, the present plaintiff is alleged
tenant and not title holder of the property. He is claiming alleged
rights on basis of occupancy right as alleged tenant in the said
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property. Considering overall averments, they pertain to the
document of 1947 wherein some additional circumstances is
found and the right is being claimed of open space and lack of
right of defendants in said space. In such circumstances, I hold
that it being allegedly the root document, with regard to present
dispute, said averments are essential for adjudicating present suit.
Whether the said documents exists or validity or issue of binding
nature of the said document would be an aspect to be considered
during trial. Suffice to say that said averments clearly throw
more light and are said to be alleged foundational document to
the dispute with regard to the said property. Hence, I am inclined
to grant this Chamber Summons and I pass the following order.
O R D E R
1. Chamber Summons No. 525 of 2019 in Suit No. 540 of
2017 is allowed.
2. Amendment be carried out by next date.
3. Chamber Summons is disposed off accordingly.
DATE : 03.02.2025 (A.SUBRAMANIAM)
PRINCIPAL JUDGE
CITY CIVIL COURT, MUMBAI.
(JO CODE MH01711).
Dictated on : 03.02.2025
Transcribed on : 03.02.2025
Checked and signed on : 05.02.2025
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"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER"
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(Grade-III)
DATE : 05.02.2025 at 05.58 P.M. Mr. Mohit M. Patange
Name of the Judge (with Court no.) : SHRI A.SUBRAMANIAM. C.R.NO.19.
Date of pronouncement of judgment/order : 03.02.2025
Judgment/order signed by the P.O. on : 05.02.2025
Judgment/order uploaded on : 05.02.2025
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