Final Order 1

Order Details: Other
Pdf Text: 04.07.2019
SU 2554/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Mr. Satale for Plaintiff. He filed reply to affidavit filed by Defendant Nos.1
and 2 - TOR
Adv. Mr. Jitesh Goyal for defendant nos.1 and 2 present.
Adv. Ms. Ranjana Chodankar for defendant no.3 present.
Adv. for defendant Nos.1, 2 and 3 filed reply to Chamber Summons No.567 of
2019.
Heard argument of both side.
Order passed below Chamber Summons No.567 of 2019
Read chamber summons, affidavit in support of it and reply of defendant
Nos.1 to 3. Heard respective counsel for parties.
Chamber summons is taken out by plaintiff to incorporate contention as per
schedule annexed to chamber summons on the count that plaintiff wants to give
detail description of the property and add subsequent events.
Defendants opposed chamber summons on the count that proposed
amendment in relation to subsequent events have no connection with present suit.
Accordingly, they prayed to dismiss chamber summons.
I have carefully gone through proposed amendment sought to be
incorporated by plaintiff. First part of said amendment relate to incorporation of
elaborate description of the property while Second part relate to subsequent
events. In my view, proposed amendment relating to incorporation of detail
description of property will only give elaborate description of property and no
prejudice will be caused to defendants if said amendment is allowed.
So far as proposed amendment by way of para 13-a as suggested in
schedule 'A' is concerned same relate to filing of Summary suit by defendant
No.1 and one Kamruddin Kalu Mansoori and about contention made by
defendant Nos.1 and 2 in the aforesaid suit. It is pertinent to note that present
suit filed by plaintiff is under Section 6 of Specific Relief Acts and only point
involved in present suit is, whether plaintiff was dispossessed from suit property
within six months prior to filing of suit. In my view, proposed amendment is in
no way necessary for just decision of controversy between the parties.
Therefore, I am not inclined to allow proposed amendment at para 13-a as
mentioned in schedule 'A' annexed to chamber summons. In view of discussion
made in presiding para chamber summons deserves to be allowed only in relation
to the contention about description of property as even in the schedule 'A'
annexed to chamber summons. Hence, pass following order.
ORDER
1. Chamber Summons No.567 of 2019 is partly allowed and made absolute in
terms of prayer clause (a) to the extent of first part of schedule 'A' annexed to
Chamber Summons.
2. Plaintiff to carry out amendment in the plaint relating to description of
property only as per schedule 'A' annexed to chamber summons within period of
two weeks from the date of this order.
3. On carrying out amendment copy of amended plaint be served upon other side.
4. Accordingly, Chamber Summons No.567 of 2019 stands disposed off.
Matter is adjd for compliance on 09.08.2019.
Judge
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