Final Order 1

Order Details: Chamber summons
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IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
CHAMBER SUMMONS NO.923 OF 2019
IN
S.C. SUIT NO.318 OF 2019
The Our Lady of Dolours Coop,
HSG, SOC. Limited through
Mr.Shakil Abdulla Fodkar ..Plaintiff
V/s
Charisma Shelter Pvt. Ltd ..Defendant
Ld. advocate Tiwari for the plaintiff
Ld. advocate J.P.Patel for the defendant
CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI
DATE: 19/07/2019
ORAL ORDER
1. This Chamber summons is tendered by the plaintiff
interalia for the amendment of the plaint and to
implicate some other defendants.
2. Heard. Ld. Counsel for the plaintiff submitted
defendant is not the owner of the property bearing
Cadastral Survey No.102, Laughton survey
no.3/1053, Collectors Rent Roll No.13375(185),
admeasuring 980 sq.meters, Antop Hill, Mumbai. He
would submit that defendant and one Chandrakant
Mirani are claiming the right, title and interest over
the said property by way of agreement for sale dated
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23/08/1989. The suit is pending before the Hon'ble
High Court between them. Ld. Counsel for the
plaintiff submitted that Chandrakant Mirani and
others are proposed to be added as party to enable
this Court to come to the conclusion regarding the
actual ownership of the said property and therefore
moved this chamber summons.
3. The chamber summons is opposed on the count that
chamber summons is not maintainable. The plaintiff
has no right whatsoever against the persons
mentioned in the schedule. The plaintiff has no right
to add any persons as party defendant in the suit and
prayed for rejecting the chamber summons.
4. On perusal of the plaint avernments it appears that
the present suit is simplicitor suit for injunction
restraining the defendants from not demolishing the
compound wall of the plaintiff society and not to
dispossess the plaintiff society without following due
process of law. The avernments in the plaint reflects
that the defendant threatened for dismantling the
compound wall of the society. Therefore it appears
that apprehension of the society is based upon the
alleged threat of the defendant. The proposed
amendment appears to have been made with the
pleadings that it would be helpful to this Court to
enable and to come to the conclusion as regard who
is actual owner of the suit plot. The stand of the
plaintiff is that some litigations as regard ownership
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is pending before the Hon'ble High Court. By this suit
the right and title of the adjoining plot owner cannot
be decided. Apart from that the suit filed by the
plaintiff is not simplicitor injunction based upon a
cause of action mentioned in plaint. The right of the
defendant with that of the third party cannot be the
issue in present suit. There is no avernment in the
plaint as regard any legitimate apprehension to the
plaintiff society at the hands of proposed defendant.
Even there is no whisper of overact by the proposed
defendant. This chamber summons is nothing but
abuse of process of law and needs no consideration.
Hence, it is expedient to pass following order:
ORDER
1. Chamber Summons No. 923/2019 is dismissed with
costs of Rs. 5,000/ to be paid by plaintiff to the
defendant.
2. Chamber Summons is disposed of accordingly.
19/07/2019 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 19/07/2019
Transcribed on : 22/07/2019
Signed on : 30/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
03/08/19 at 4.00 pm.
MRS.T.C.KAMBLE
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Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
19/07/2019
Judgment and order signed by P.O. 30/07/2019
Judgment/order uploaded on 03/08/2019
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