Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.583 OF 2019.
IN
L.C. SUIT NO. 1228 OF 2017
(CNR No.MHCC010028752019)
Rizwan Shaikh )...Plaintiff
Versus )
The Municipal Corporation of Greater )
Mumbai )...Defendants
And
Mohamed Gulam Mowla )...Respondent
(proposed plaintiff)
Appearance:
Adv.Mr.S.S.Redekar for plaintiff.
Advocate Mr.Dhumale for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 17th OCTOBER, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff on the
instance of respondent i.e. proposed plaintiff. Read the present chamber
summons. Perused the affidavit of plaintiff Rizwan Shaikh in support of
this chamber summons. Heard both the learned counsels on behalf of
both the sides at length. Perused the record.
2. The learned counsel on behalf of the plaintiff has submitted that
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originally the suit property is owned by respondent i.e. proposed
plaintiff namely Mohamed Gulam Mowla. At the time of filing the
present suit, the owner of the suit premises was out of Mumbai and the
present plaintiff was residing in the suit premises. Therefore, the
plaintiff has filed the present suit. Due to he was residing in the suit
premises at the relevant time and in order to protect the suit premises
from demolition by the defendant Municipal Corporation. Now the
plaintiff is not residing in the suit premises. He has no interest in the
suit premises. The proposed plaintiff i.e respondent was residing
alongwith his wife as owner. Therefore, by allowing this chamber
summons, it is permitted to delete the name of the plaintiff and record
the name of the respondent i.e. proposed plaintiff in the place of name
of the plaintiff in the suit proceedings.
3. The learned counsel on behalf of the defendant has submitted
that the present suit came to be filed in the year 2017. The present
chamber summons came to be filed on 14/03/2019 i.e. on belated
stage. Therefore, the present chamber summons is liable to be
dismissed.
4. On scrutiny of the affidavit of the plaintiff Rizwan Shaikh in
support of the present chamber summons and after perusal of the
record, it appears that if this chamber summons of the plaintiff is to be
allowed, then nature of the suit will not change. It will not cause any
injustice on the part of the defendants. Therefore, I inclined to allow
this chamber summons. Hence, I have proceed to pass following order.
ORDER
1. Chamber summons no.583/19 is hereby allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to carry out
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proposed amendment within stipulated period.
3. Chamber summons no. 583/19 is disposed off accordingly.
Date : 17.10.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 17.10.2019
Transcribed on:18.10.2019
Signed by HHJ: 24.10.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/10/2019 5.00p.m Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
17/10/2019
Judgment/order signed by P.O on 24/10/2019
Judgment/order uploaded on 24/10/2019
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