Date: 30-03-2020
Business: adjourned
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-01-2021
Date: 08-02-2021
Business: Adv. S. K. Saha for plaff present.
Adv. Bhagyshree Dhamapurkar for deft present.
Matter stands Adj for Ch/s reply to 11/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-03-2021
Date: 08-02-2021
Business: Adv. S. K. Saha for plaff present.
Adv. Bhagyshree Dhamapurkar for deft present.
Matter stands Adj for Ch/s reply to 11/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv Aditya Modi for plff present.
Adv Bhagyashri Dhamapurkar for deft present.
She submitted that she has not received copy of CS.
Adv for plff is directed to provide copy of CS 445/2020 to Adv for deft before next date.
Matter stands Adj for CS Reply to 06/04/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: P. O. is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Due to covid matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv B. P. Shukla for plff present.
He tendered registered CS 445/2020. t.o.r.
Adv Bhagyashri Dhamapurkar for deft present.
She seeks time for CS Reply. Granted as last chance.
Matter stands Adj to 27/09/2021 for CS Reply and Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv B.P.Shukla for plaintiff present
Adv Bhagyashree Dhamapukar for defendant no. 1 present.
She filed reply to C/S. T.O.R. copy served to advocate of plaintiff.
Matter stands Adj for C/S Hearing on 04.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv V.P.Shukla for plaintiff present.
Adv Dhamapurkar for defendant present.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 11.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 11-10-2021
Date: 04-10-2021
Business: Adv V.P.Shukla for plaintiff present.
Adv Dhamapurkar for defendant present.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 11.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv J. S. Yadav for plff present.
Adv Bhagyashri Dhamapurkar for deft no. 1 present.
Heard Adv for plff and deft no. 1 on CS. CS is for amendment and adding son of deft no. 1 as proposed deft no. 2 in the suit. In paragraph no. 5 of affidavit in support of CS, plff stated that during pendency of suit and operation of ad-interim order, when she was out of station from 25/07/2019 to 30/07/2019, deft no. 1 by taking advantage of absence of the plff, inducted deft no. 2 in the suit premises illegally.
Adv for deft no. 1 pointed out attention of the Court towards order dated 12/12/2019 in contempt NM 3070/2019 and order dated 16/10/2019 in NM 4215/2018 where this Court observed that plff is not in possession of the suit premises as of now.
Adv for deft no. 1 further submitted that reliefs claimed by the plff by way of proposed amendment is barred u/s 6 by the Specific Relief Act.
From the perusal of CS, it appears that plff is amending the plaint due to subsequent events happened during the pendency of the suit and she is also amending the prayer clause of the suit.
Admittedly the plff is amending the plaint after six month of the cause of action stated in paragraph no. 04 of the schedule. Hence the proposed amendment is barred u/s 6 of the Specific Relif Act but the plff can seek relief of possession u/s 5 of the Specific Relief Act.
Hence CS for proposed amendment is tenable and no prejudice would cause to deft no. 1 if amendment is allowed as deft no. 1 can amend her written statement and issues can be framed.
Under the facts and circumstances, Chamber Summons 445/2020 is allowed as per clause (a).
Plaintiff to carry out the amendment as per the schedule attached with the Chamber summons within 14 days from the date of this order and served copy of amended plaint on deft no. 1 and proposed defts.
No order as to costs.
Chamber Summons 445/2020 is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 11-10-2021