Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S 381-18 IN LC Suit 1728-11
CNR MHCCO1 - 002730-2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.381 OF 2018
IN
L.C. SUIT NO.1728 OF 2011
Pravin Hargan Shah ]... Plaintiff.
Versus
1. Municipal Corporation of ]
Greater Mumbai and another. ]... Defendants.
Coram : M.S. Deshpande, Judge
(Court Room no. 05)
Date : 13th March, 2018.
Mr. D.A. Thorat, advocate for plaintiff.
Mrs.Patil, advocate for defendants.
ORDER
1. The plaintiff has taken out this Chamber Summons
proposing an amendment to the plaint. By the proposed amendment
the plaintiff wishes to make averments about the dismissal of notice of
motion no.1815 of 2011, challenging the said order by filing Appeal
from Order no.314 of 2016, order passed by the Hon'ble High Court
dated 5.4.2016, filing of regularization proposal to the defendant
consequent to the order passed by the Hon'ble High Court and seeking
relief of injunction etc.
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2. Heard the Learned Advocate for the plaintiff. The Learned
Advocate for the defendant submits to the orders of this Court.
3. The plaintiff has filed suit for declaration that the notice
dated 28.1.2011 issued under Section 351 of Mumbai Municipal
Corporation Act and order dated 27.7.2011 are illegal and bad in law.
4. The order of dismissal of notice of motion no.1815 of 2011
was challenged by the plaintiff by preferring an Appeal from Order
no.314 of 2016, wherein the Hon'ble High Court of Bombay (Coram:
N.M. Jamdar, J.), on 5.4.2016 has directed as follows:
“Learned counsel for the Appellant states that the
Appellant is desirous of approaching the Municipal
Corporation with an application for regularization of the
structure. This request presupposes that the Appellant
accepts the fact that the structure is not legal. If an
application for regularization is made within the period of
six weeks from today, the structure in question will not be
demolished for a period of eight weeks thereafter.
Learned counsel for the Appellant states that the Appellant
is in possession of the documents necessary for making an
application for regularization, and the remaining
documents will be obtained within a period of six weeks,
and no further time will be sought. Statement is accepted.
2. If an application as aforesaid is made within a
period of six weeks, then the Corporation will decide the
same within a period of six weeks thereafter. If the
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application is not made, Corporation will proceed to take
up further action.
3. In view of this position, the appeal is disposed of.
The civil suit filed by the Appellant will not survive.
4. The appeal and the civil application stand disposed
of in above terms.
5. The parties shall place a copy of this order on the
file of the suit before the learned City Civil Court Judge, to
pass an appropriate order for disposal of the suit.
6. It is made clear that the application for
regularization will be decided on its own merits and as per
law. It is also made clear that no further time will be
sought by the Appellant.
5. It appears from the aforesaid order that in paragraph no.3
Hon'ble High Court has observed that the civil suit filed by the appellant
will not survive. In paragraph no.5 it is directed that the copy of the
said order shall be placed City Civil Court passed an appropriate order
for disposal of the suit. The Learned Advocate for the plaintiff submits
that the plaintiff has already filed a proposal for regularization before
the defendant Corporation and the same is under consideration. Be
that as it may, considering this specific directions given by the Hon'ble
High Court in the aforesaid order, the suit will not survive and
consequently there will not be an occasion for the plaintiff to pray for
the amendment of the plaint and further for this Court to allow the
chamber summons. The Learned Advocate for the plaintiff R.D. Thorat
submits that he will seek necessary instructions and withdraw the suit
on next date. His statement is accepted. In the circumstances, the
following order is passed:
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ORDER
1. The Chamber Summons no.381 of 2018 is dismissed.
2. The cost in the cause.
Sd/
(M.S. Deshpande)
Judge,
13/03/2018 City Civil Court, Mumbai.
Dictated on : 13/03/2018
Transcribed on : 16/03/2018
Signed by HHJ on : 17/03/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.03.2018 At 03.30 p.m.
NAME OF STENOGRAPHER : Mrs. V. U. Pawar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
13.03.2018
JUDGMENT/ORDER signed by
P.O. on
17.03.2018
JUDGMENT/ORDER uploaded
on
17.03.2018
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