Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 583 OF 2018
(CNR NO.MH-CC01-004028-2018)
IN
S.C. SUIT NO. 2751 OF 2016
1. Shri Ishtiyak Ahmed Mohd. ]
Raza and others. ].. Plaintiff.
V/s.
1. M/s. Hariom Constructions ]
and others. ]..Defendants
Advocate Mr. B.P. Shukla for the plaintiff.
Advocate Mr. Vimlesh Singh for defendant No. 4.
CORAM : HIS HONOUR JUDGE
MR. SITARAM N. PATIL
(C.R.NO.09)
DATE : 14th OCTOBER 2022
ORAL ORDER
This Chamber Summons has been taken out by the
plaintiffs for permission to carry out necessary amendment in the plaint
as per the schedule annexed to the Chamber Summon.
2. Read Chamber Summons and Affidavit. It is averred by the
plaintiff that the suit is filed for declaration and injunction. The
defendant No.1 neither providing alternate accommodation nor ready
to enter into the Agreement to provide the identical development
benefit. The plaintiff No.1 filed an appeal against the Notice dated
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24.03.2017 and the Additional Collector passed an order, holding that
the plaintiff is entitled to alternate accommodation and the defendant
No.1 directed to enter into agreement with plaintiff No.1 for alternate
accommodation in lieu of the suit premises and directed to demolish the
suit premises within 48 hours. The officers of defendant No.3
demolished the suit premises.
3. It is further averred that the defendant No.1 not ready to
enter into identical agreement with the plaintiff No.1 for alternate
accommodation in lieu of the suit premises, the plaintiff No.1 has filed
Writ Petition (L) No.1865 of 2017 in the Hon’ble High Court and the
Hon’ble Court held that nothing survives in the Writ Petition in view of
order passed by the Additional Collector giving direction to defendant
No.1 o enter into agreement with plaintiff No.1 and granted liberty to
the plaintiff No.1 to take recourse in the pending suit. The plaintiffs are
entitled to get alternate accommodation in lieu of suit premises. By
allowing the Chamber Summons, nature or character of the suit is not
going to be changed and no prejudice will be caused to the defendants.
Hence, prayed for allowing Chamber Summons.
4. The learned advocate for defendant No.4 has filed reply
and strongly objected and denied the contentions of the plaintiffs in
toto. It is submitted that the plaintiffs have failed to make out any case
for the grant of any relief as prayed. Chamber Summons is
misconceived, untenable and unsustainable. Hence, prayed that
Chamber Summons be rejected with costs.
5. Heard the learned advocate for the plaintiffs learned
advocates for the defendant No.4. Perused documents on record.
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6. The plaintiffs sought amendment in the plaint during the
pendency of the suit. The learned advocate for the plaintiff has relied
upon the Judgment in the case of Aasma Abdul Majeed and another
V/s. Jayram Arjun Tisge and others reported in 1999(1)Mh.L.J. It is
held that
“Amendment sought as a result of subsequent events
which occurred during the pendency of suit.
Amendment allowed.”
7. It appears that the amendment in terms of Schedule
annexed to the Chamber Summons will not cause any prejudice to the
defendants and necessary amendment required to be carried out. It is
subsequent event. If the amendment is refused, grave prejudice would
be caused to the plaintiff. Hence, it appears that it will better to allow
the Chamber Summons in the interest of justice. Therefore, amendment
by way of this chamber summons, it is just and necessary to be allowed,
to avoid multiplicity of proceedings and in the interest of justice. Thus,
present Chamber Summons is to be made absolute. With this, I proceed
to pass the following order:-.
ORDER
1. Chamber Summons No. 583 of 2018 is made
absolute.
2 The Plaintiffs are hereby allowed to carry out
amendment in the suit plaint as per the schedule annexed
with the Chamber Summons till next date and the plaintiffs
are further directed to place on record amended copy of the
suit plaint.
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3. The plaintiffs are directed to furnish amended copies
of the plaint to the defendants.
4 Chamber Summons No.583 of 2018 stands disposed
of accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date: 14/10/2022 Gr. Bombay.
Dictated on : 14/10/2022
Transcribed on : 14/10/2022
Signed on : 15/10/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/10/2022 At 2.50 P.M. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
14/10/2022
Judgment/Order signed by P.O. on 15/10/2022
Judgment/Order uploaded on 16/10/2022
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