Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 569-19 In S.C. Suit No. 4589-2008
in H.C. Suit no. 2680 of 2008 1 Date : 20.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.569 of 2019
IN
S.C. SUIT NO.4589 of 2008
IN
H.C. SUIT NO. 2680 OF 2008
(CNR NO.MHCC010028002019)
Priscilla Norbert Aguiar .. Plaintiff
Versus
Terrance Alex Miranda .. Defendant
Appearances :
Adv.Madhavi Nalawade for plaintiff present.
Adv.Reshma Kurle a/w Adv.Satish Rao for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
C.R. No. : 7
Dated : 20.09.2019.
ORDER
1. The plaintiff has filed instant Chamber Summons for
recasting of issue no. 2 and 3 as per the schedule.
2. It is contended by the plaintiff that, it is specific defence of
the defendant that the plaintiff has relinquished her share in the
suit property and defendant became the owner by virtue of
adverse possession. Therefore, in view, of the aforesaid defence,
the burden is upon the defendant, but the issues have been framed
casting burden upon the plaintiff. Hence, the plaintiff prayed for
allowing the present Chamber Summons.
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Chamber Summons 569-19 In S.C. Suit No. 4589-2008
in H.C. Suit no. 2680 of 2008 2 Date : 20.09.2019
3. The Chamber Summons is apposed by the defendant by
filing say, on the ground that the burden is upon the plaintiff.
Hence, the issues are correctly framed. Moreover, there is no
provision for correcting the issues. Hence, defendant prayed for
rejection of Chamber Summons.
4. Heard both the sides. Perused Chamber Summons, reply,
pleadings and issues below Exh. 3. On perusal of the Written
Statement, it is ample clear that the defendant took specific
defence that the plaintiff relinquished her share in the suit
property and defendant became the owner by adverse possession.
In my view, looking to the aforesaid defence, the Chamber
Summons needs to be allowed. Thus, I proceed to pass the
following order :
ORDER
1. Chamber Summons No. 569 of 2019 is hereby made absolute
in terms of prayer clause “a and b”.
2. Parties to bear their own cost.
3. Chamber Summons No. 569 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 20.09.2019 Greater Mumbai
Dictated on : 20.09.2019
Transcribed on : 20.09.2019
Draft submitted on : 20.09.2019
Checked on : 24.09.2019
Signed on : 24.09.2019
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Chamber Summons 569-19 In S.C. Suit No. 4589-2008
in H.C. Suit no. 2680 of 2008 3 Date : 20.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24/09/2019 at 3.30 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
20/09/2019
JUDGMENT/ORDER signed by
P.O. on
24/09/2019
JUDGMENT/ORDER uploaded
on
24/09/2019
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