Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 692 OF 2019
IN
L.C.SUIT NO. 814 OF 2019
Mr. Vikas Yashwant Maitandel …. Plaintiff
V/s.
Municipal Corporation of
Gr.Mumbai … Defendant.
And
Mr. Prakash Sonawane ...Respondent
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 16/10/2024
Adv. Pooja Narvekar for the plaintiff.
Adv.Amar Patil for the defendants/BMC.
ORAL ORDER
This chamber summons is taken out by plaintiff to
carry out proposed amendment well mentioned in schedule
Under Order VI Rule 17 of the CPC.
2. Read Chamber summons, reply filed by the
defendants/ BMC. Heard both the sides.
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3. This is a suit for declaration and injunction. It is
contended by plaintiff that during the pendency of the suit
defendant /BMC highhandedly demolished some part of the
suit premises. On the other hand, it is the contention of the
defendant that plaintiff has suppressed material fact. Notice
structure is not in existence, hence, chamber summons
deserves to be dismissed.
4. Considering the rival contention, it appears that the
fact of demolition of entire notice structure or some part of
the notice structure is a triable issue for which evidence of
both the parties are necessary. At this juncture, fact of
demolition of part of notice structure appears to be subsequent
event. Apart from this, it is settled principle of law that
amendment which is necessary for the just decision of the suit
requires to be allowed. If proposed amendment is permitted no
prejudice will be caused to the defendant/BMC because
defendant/BMC is having every right to file additional written
statement in order to counter the pleading of the plaintiff.
Under such circumstances, it is just and equitable in the eye of
law to permit the plaintiff to carry out amendment as per
schedule. Accordingly, I proceed to pass following order.
ORDER
1. Chamber summons No.692 of 2019 is made absolute in
terms of prayer clause (a) only.
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2. Plaintiff is permitted to carry out proposed amendment as
per schedule within 14 days from the date of this order
and file amended plaint within statutory period.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Chamber Summons No.692 of 2019 is disposed off.
Date-16/10/2024 (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 1 6 / 1 0 / 2 0 2 4
Ty p e d o n : 1 6 / 1 0 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/10/2024 11.25 a.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
16/10/2024
JUDGMENT/ORDER signed by
P.O.on
17/10/2024
JUDGMENT/ORDER uploaded on 17/10/2024
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