Parvati Rajesh JaiswalVsRamayan Shivaram Jaiswal +2 more

Date: 16-03-2019
Business: Adv. Vyas for Plaintiff  present.
Adv. Shailesh Pal for Defendant present.
Registered Ch/s no.595/19 filed by Plaintiff t.o.r.
Reply not filed by Defendant. So, Ch/s to proceed without reply.
Adj for hearing on Ch/s to 27.03.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Business: Adv. Vyas for Plaintiff present.
Adv. Shailesh Pal for Defendant no.1 present.
Draft NM filed by Adv for defendant no.1 t.o.r.
Leave granted to register it.
Copy given to other side.
K.B.
L.O.
Adv. Pratap Singh for Defendant no.1 present.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Read Notice of motion, affidavit in support of it, reply of Plaintiff. Heard respective counsel of parties.
Notice of motion is taken out by defendant no.1 for setting aside order dtd.16.03.2019 in respect of proceeding chamber summons without reply against him.
It is the contention of defendant no.1 that on 05.03.2019 his son-in-law Jitendra Jaiswal died at Devariya, Uttar Pradesh so for performing all rituals he went to his native place and since then he was not in Mumbai. Therefore, reply to Chamber summons drafted by his Advocate could not be affirmed.
Plaintiff opposed notice of motion and prayed for rejection of it. Reason assigned by defendant no.1 is sufficient to set aside order dtd.16.03.2019. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a).
2. Defendant no.1 is directed to file reply to chamber summons today itself.
3. Draft notice of motion be registered for statistical purpose.
Accordingly, draft notice of motion is disposed off.
Defendant no.1 filed reply to chamber summons t.o.r.
Deft no.1 supplied copy of reply to other side.
Adj for Ch/s hearing to 09.04.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv. Vyas for Plaintiff present.
Adv. Pal for Defendant no.1 present.
Adj for Ch/s hearing to 15.04.2019.
L.O.
Defendant no.1 is Senior citizen, as per his statement on affidavit filed in support of NM No.4856/18. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Advocate Ms. Vyas for Plaintiff present
Advocate Mr. Pratap Singh for Defendant no.1 present
Advocate for Plaintiff argued Chamber Summons no.595/18.  She has argued that ad-interim relief was granted in respect of suit premises which is under SRA development and therefore alternate room no.18 from 15th floor of building no.1 at Chandani Agar, Antop Hill, Mumbai is issued by Competent Authority to father-in-law of Plaintiff in lieu of suit premises i.e. room no.2769.  Plaintiff with all Defendants was residing in room no.2769 however Defendants after getting shifted to room no.18 referred above have not allowed Plaintiff in said room no.18.  According to Plaintiff\''s advocate room no.18 is nothing but continuation of room no.2769 hence Plaintiff is entitled to reside in room no.18.   At present Plaintiff is residing in room no.2769 which may be demolished at any movement by Competent Authority.  Lastly it is submitted that to bring on record all above facts on record Plaintiff is intending to amend the plaint and hence Chamber Summons is necessary to be made absolute.
Defendant no.1 advocate Mr. Pratap Singh submitted that Chamber Summons no.1997/18 was taken out by Plaintiff for amendment in plaint on same grounds and said Chamber Summons is dismissed with liberty to Plaintiff to take out fresh Chamber Summons.   Advocate Mr. Pratap Singh referred prayer clause (a) of Chamber Summons no.1997/18 and  prayer clause (a and b)  of NM No.595/19 and argued that Plaintiff can not be permitted to amend the plaint and bring facts on record. Advocate Mr. Pratap Singh attracted attention of the Court towards prayer clauses from page no.6 of the plaint and he has also referred para no.1 of the plaint which shows the description of the suit premises.  Advocate for Defendant no.1 submitted that Defendant no.1 has filed counter suit no.956/19 and in said suit Plaintiff Parvati of this suit is Defendant no.2. In suit no.956/19 Defendant no.1 has prayed declaration that Plaintiff Parvati and her husband Rajesh have no right, title and interest in room no.1518, building no.1, 15th floor, Shivprerna SRA CHS Ltd.  Advocate for Defendant no.1 referred prayer clause (b) of suit no.956/19 and pointed out that Defendant no.1 has sought declaration that Plaintiff and her husband have no right even in Mezzanine floor of erstwhile old room no.2769.  It is argued that by way of proposed amendment Plaintiff can not change the total description of suit premises particularly when previous Chamber Summons no.1997/18 is dismissed.  If proposed amendment will be allowed the cause of action of the suit will get changed from original cause of action hence Chamber Summons is necessary to be dismissed.
In reply, advocate for Plaintiff argued that Plaintiff is not intending to change the cause of action however Plaintiff is intending to bring on record the fact about continuation of room no.2769 i.e. suit premises as room no.18.
Case is adjourned to 22/04/2019 for order on Chamber Summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Advocate Ms. Vyas for Plaintiff present
None present for Defendant.
Stenographer is not provided to this Court, case is adjourned to 02/05/2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Advocate Ms. Vyas for Plaintiff.
Advocate Mr. Pratap Singh for Defendant.
F.R.S.R. following order has passed-
                                     ORDER
The Chamber Summons No.595 of 2019 stands dismissed/disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 04-05-2019

Main Case No: SUIT/0101103/2017
Main Cnr: MHCC010045122017
Main Filing No: 111447

Registration Number: 100595/2019
Transfer Date: 15-04-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 103233/2019
Filing Date: 15-03-2019
First Hearing Date: 16th March 2019
Decision Date: 04th May 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE