Interim Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.1106/2019
in L.C. Suit No.1470/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Chamber Summons No.1106 of 2019
(CNR NO. MH CC010060672019)
In
L.C. SUIT No.1470 OF 2019
Keshav Vitthal Tawde ….Plaintiff
V/s.
The Municipal Corporation of Gr. Mumbai & ors.
....Defendants
And
Mrs. Sharda Suresh Tawde & Ors. ….Applicants
Appearance:
Ms. Renuka Kavedia, Advocate for the plaintiff.
Mr. Noman Jafri, Advocate for the applicants.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 13 th January, 2020.
ORDER
1. The applicants have taken out this chamber summons for
impleading them as defendants in the suit and for directing the plaintiff
to carry out amendment in the plaint.
2. In affidavit in support, it is averred that Hut premises
bearing No.FNX 58, Kasturba Sangh No.1, Mahadev Nagar, Katrak Road,
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2 Chamber Summons No.1106/2019
in L.C. Suit No.1470/2019
Wadala (W), Mumbai (In short “the suit premises”) originally recorded
in the name of deceased Anandibai Vitthal Tawde expired leaving behind
plaintiff, another son Mr. Suresh Vitthal Tawde and daughter Mrs.
Nirmala Vitthal Tawde as her legal heirs. Mr. Suresh Vitthal Tawde,
husband of applicant No.1 expired on 28.08.2008 and the applicants are
his legal heirs.
3. It is further averred that deceased Anandibai Vitthal Tawde
is mother in law of applicant No.1 and grand mother of applicant Nos. 2
to 4. During the life time of deceased Anandibai Vitthal Tawde,
applicants were residing in the suit premises and therefore they are
entitled to inherit the suit premises. The name of Anandibai was
recorded at Sr. No.158 in AnnexureII prepared by defendants. Nirmala
Tawde, sister in law of applicant No.1 was dealing with defendants and
therefore on 15.05.2014 all applicants wrote a letter to Assistant
Registrar, SRA and requested not to hand over keys of newly constructed
premises to Nirmala Tawde. In response to the said letter, SRA Authority
had issued letter to defendant Nos. 3 & 4 on 07.06.2014 and directed
them not to hand over possession of newly constructed premises to any
person other than legal heirs.
4. It is further averred that the plaintiff has two wives. First
wife Mrs. Ranjana Keshav Tawde is in possession of Hut No.CH280
situated at Plot No.286294 A behind Wadala and second wife Mrs.
Laxmi Keshav Tawde is also in possession of Hut, in Plot No.286294 A
behind Wadala. Therefore, plaintiff is having sufficient accommodation
in the same vicinity. In order to avoid the share of the applicants,
plaintiff has filed the suit. Thus, it is prayed that chamber summons may
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3 Chamber Summons No.1106/2019
in L.C. Suit No.1470/2019
kindly be made absolute.
5. In affidavitinreply, it is averred by plaintiff that chamber
summons is not maintainable and therefore can not be entertained. As
per the Rules of SRA, the person in possession of Hut premises is entitled
for the possession of permanent alternate accommodation. The suit has
been filed for the limited purpose and therefore chamber summons are
liable for dismissal. Anandibai Vitthal Tawde expired on 28.02.1998
where as AnnexureII was drawn in the year 2006. The documents
pertaining to the Hut premises are in the name of plaintiff and therefore
applicants have no right, title and interest in the said property. For all
these reasons, it is prayed that the chamber summons is filed with the
intention to grab newly constructed premises, it may kindly be dismissed
with cost.
6. Heard learned Advocate for applicants and learned Advocate
for plaintiff. The relationship of the applicants with the plaintiff is not
disputed. The applicants are legal heirs of deceased brother of plaintiff,
Suresh Vitthal Tawde is also not disputed. The Hut premises where
originally standing in the name of deceased Anandibai Tawde is also an
admitted fact. As per the recitals of death certificate of Anandibai
Vitthal Tawde, she died on 28.02.1998 whereas AnnexureII was drawn
in the year 2006. It is the contention of applicants that they were
residing with Anandibai Vitthal Tawde in the Hut premises. Therefore,
in order to decide the rights of the parties, it is justifiable to add the
applicants as defendants. No prejudice or harm will cause to plaintiff, if
the applicants are added as defendants in the suit. Resultantly, I pass
following order.
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in L.C. Suit No.1470/2019
ORDER
1. Chamber Summons No.1106/2019 is made absolute in terms of
prayer clause (a) & (b).
2. Plaintiff is directed to carry out amendment and add the applicants
in the array of defendants on or before next date.
3. Plaintiff is directed to serve copy of the amended plaint alongwith
documents on the applicants.
4. Chamber Summons No.1106/2019 stands disposed off
accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 13/01/2020
Dictated on : 13.01.2020
Transcribed on : 15.01.2020
Signed on : 18.01.2020
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in L.C. Suit No.1470/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.01.2020 12.25 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 13.01.2020
Order signed by P.O. on 18.01.2020
Order uploaded on 20.01.2020
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in L.C. Suit No.1470/2019
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