Date: 04-06-2019
Business: As Court is on leave, hence board is discharged and matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. Rupali Sathe for Plaintiff present.
She tendered original Ch/s No.938/19 t.o.r.
Deft and Adv absent.
Plaintiff is directed to file affidavit of service relating to Ch/s.
Adj for service to 30.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv. Rupali Sathe for Plaintiff present.
Defendant no.2 present. Adv absent.
Affidavit of service filed by Plaintiff t.o.r.
Defendant no.2 sought time on the count that his Advocate is not available.
Time is granted.
Adj for Ch/s reply to 28.08.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adjd for Ch/s hearing to 26/09/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv. Rupali Sathe for plaintiff present. Adv. Patankar for all defendants present. Defendant No.2 present. Heard arguments of counsel for parties in relation to Chamber Summons No.938/2019. ORDER BELOW CHAMBER SUMMONS NO.938 OF 2019 Perused chamber summons, affidavit in support of it reply of defendant No.2. Heard respective counsel for parties. Chamber summon is taken out by the plaintiff to incorporate description of the subject matter/suit property in plaint para 1 a per schedule annexed to chamber summons and also wants to annexed detail maps to the plaint. Defendant No.2 opposed chamber summons on the count that location of suit property mentioned in schedule annexed to chamber summons is not substantially correct and if chamber summons is allowed then it will cause prejudice to defendants as written statement already have been filed by them. It is to be noted that chamber summons is taken out when suit has been posted for framing of issues. So trial is yet not commenced. Now so far as amendment is concerned plaintiff wants to incorporate description of suit property and its dimensions and also wants to annex maps showing suit property. It is to be noted that while deciding amendment application merits or demerits of the amendment cannot be considered so contention of defendants that description of suit property in proposed amendment is not substantially correct cannot be considered at this stage. It is pertinent to that in view of provision of Order VII Rule 3 of CPC was as per the Bombay Amendment where subject matter of suit is immovable property, the plaint shall contained a description of the property sufficient to identify it and in case such property can be identified by the boundaries or numbers in a record of settlement or survey the plaint shall specify such boundaries or numbers. In case encroachment a sketch showing as approximately as possible the location and extent of encroachment shall also be filed along with the plaint. It seems that plaintiff wants to incorporate description of suit property and annexed the sketch of suit property in compliance of above referred provisions. Therefore I am inclined to allow chamber summons. Hence pass following order. ORDER 1. Chamber Summons No.938 of 2019 is allowed and made absolute in terms of prayer clause (a). 2. Plaintiff has to carry out amendment as per schedule annexed to chamber summons within period of 14 days from the date of this order and copy of amended plaint be placed on record and also be served on other side. 3. Accordingly, chamber summons is disposed off. Adjd. for compliance to 18.10.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 26-09-2019
