Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/H No.906/2019 in L.C.Suit No.846/2016
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.906 OF 2019
(CNR NO.MHCCO10046612019)
IN
LONG CAUSE SUIT NO. 846 OF 2016
1 Gopal D. Shetty and another ]..Applicants/Plaintiffs.
V/s.
1 Municipal Corporation for Greater ]
Bombay and three others. ]..Defendants.
Advocate Mr. Gautam Kanchanpurkar for the plaintiff.
Advocate Mr. Mahesh Vishwarkarma with Mr. Suryawanshi for
defendant nos.1 to 3.
Advocate Ms. Subhedar for defendant no.4.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.01)
DATE : 5th JULY 2019
ORAL ORDER
This Chamber summons has been taken out by the plaintiffs
for seeking amendment in the suit plaint, as per schedule annexed to
Chamber Summons. The plaintiffs have filed affidavit in support of
Chamber Summons.
2 The defendants have filed their reply on Chamber
Summons itself and resisted the averments in the affidavit in support of
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2 C/H No.906/2019 in L.C.Suit No.846/2016
chamber summons in toto and prayed for dismissal of Chamber
Summons with costs.
4 Heard the learned advocate for the plaintiffs and the
learned advocate for the defendants.
5 Perused reliefs prayed in the suit plaint. It appears that the
plaintiffs have filed this suit for challenging noticecumorder dated
23.11.2015 issued by defendant no.3. It appears that by way of the said
notice, defendant no.3 has denied eligibility of the plaintiff to get
permanent alternate accommodation.
6 In this background, it seems that by way of proposed
amendment, the plaintiffs intended to add prayers in the suit, in respect
of his eligibility to get alternate accommodation and for giving
directions by way of mandatory injunction to provide alternate
accommodation to the plaintiffs. Considering the suit subject before the
Court, the proposed amendment is inconsonance with the suit subject
and reliefs claimed in the suit. If proposed amendment is allowed, the
nature of the suit will not be changed and it will not cause prejudice to
the defendants. The proposed reliefs, if added, the same will be
decided on its own merits. In the facts and circumstances, to avoid
multiplicity of the proceedings, the proposed amendment is to be
allowed. Considering the proposed amendment in the prayer clause, it
is for the plaintiffs to pay necessary Court Fees, in view of reliefs
claimed. Thus, Chamber Summons is to be allowed in the interest of
justice. With this, I proceed to pass the following order:.
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3 C/H No.906/2019 in L.C.Suit No.846/2016
ORDER
Chamber Summons No. 906 of 2019 is made absolute in
terms of prayer clause (a) and (b).
2 The plaintiffs are directed to carry out amendment as
prayed on or before next date and further directed to pay necessary
Court Fees on the reliefs claimed, if required, as per the law on or
before next date.
3 The plaintiffs are directed to place on record amended copy
of the suit plaint and furnish amended copies of the plaint to the
defendants.
5 Failure to make compliance, Chamber Summons will be
dismissed automatically.
6 Chamber Summons No.906 of 2019 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
Date: 05/07/2019. City Civil Court,
Gr. Bombay.
Dictated on : 05/07/2019
Transcribed on : 06/07/2019
Signed on : 08/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/07/2019 At 3.15 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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4 C/H No.906/2019 in L.C.Suit No.846/2016
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
05/07/2019
Judgment/Order signed by P.O. on 08/07/2019
Judgment/Order uploaded on 08/07/2019
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