Final Order 1

Order Details: Chamber summons
Pdf Text: .1. Chamber Summons
in L.C. Suit No. 1574 of 2015
MHCC010049652020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO.625 OF 2020
IN
L.C. SUIT NO.1574 OF 2015.
Smt. Shakila Hamid Kazi. …. PLAINTIFF.
V/s.
1)Mr. B. Duja Thoras,
2)MCGM. …. DEFENDANTS.
CORAM : SHRI. V. R. JAGDALE
(Court Room No.11).
DATED : 30th October, 2025
APPEARANCE :
Mr. Deshpande, Ld. Advocate for the Plaintiff.
Mr. N.P. Bhavsar, Ld. Advocate for the Defendant no.1.
Adv. Mr. Botlawar, Ld. Advocate for the Defendant no.2.
*****
ORDER
01. The defendant no.1 has taken out the chamber summons
for expediting the trial of the suit as plaintiff and defendant no.1 are
senior citizens and leave to take out counterclaim in the written
statement by carrying out amendment in the written statement as per
schedule annexed herewith.
02. The plaintiff has filed affidavit in reply and vehemently
opposed the chamber summons.
03. I have perused affidavit in support of chamber summons,
reply and rejoinder of the defendant no.1.
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.2. Chamber Summons
in L.C. Suit No. 1574 of 2015
04. Heard Ld. Advocate for the defendant no.1 and plaintiff.
05. The learned advocate for the defendant no.1 has submitted
that in the suit plaintiff has suppressed various material facts. The
plaintiff has also suppressed fact that she had filed one suit for
ejectment before Court of Small Causes which was dismissed on
26.03.2009.
06. In the above suit plaintiff has claimed that she has landlord
of defendant no.1 and requires possession of suit premises. But the
Court had held that there is no relationship of landlord and tenant
between the plaintiff and defendant no.1.
07. The plaintiff has colluded with defendant no.2 and
demolished the first floor i.e, room no.6 above the suit premises in
which he is having absolute right. Therefore, defendant no.1 wants to
bring on record the above fact and also seek relief of mandatory
injunction in counterclaim. Hence it is prayed that chamber summons
be made absolute.
08. On the contrary, the Ld. Advocate for the plaintiff has
submitted that defendant no.1 is claiming right in respect of room no.6
which is adjacent to room no.5 i.e., suit premises and not above it. The
defendant no.1 has no nexus with the suit room and therefore, she is
not entitled for relief sought by virtue of chamber summons. Hence,
prayed chamber summons be dismissed with costs.
09. It would be worthwhile to mention in the plaint it is the
case of the plaintiff that she is occupier and in possession of room no.5
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.3. Chamber Summons
in L.C. Suit No. 1574 of 2015
i.e., suit premises. The defendant no.1 has no right in respect of upper
floor above the suit premises. The defendant no.1 is in legal possession
and occupation of the above premises. The defendant no.1 has made
unauthorized construction and has also failed to prove his ownership in
respect of the above premises. Accordingly, she has sought relief of
mandatory injunction in terms of prayer clause b against the defendant
no.1.
10. But the defendant no.1 has disputed the above fact and is
claiming possession of room no.6 which is existing above room no.5 i.e.,
suit premises. It is further contention of the defendant no.1 that plaintiff
in collusion with defendant no.2 have illegally demolished the above
room. Accordingly, defendant no.1 wants to seek relief of declaration,
mandatory injunction and perpetual injunction by way of counterclaim.
11. Now by virtue of chamber summons the defendant no.1 has
sought leave to take out counterclaim in the written statement for
carrying out amendment. By virtue of above fact the defendant no.1
wants to elaborate his defence and also seek relief as mentioned above
in view of the controversy between himself, plaintiff and defendant
no.2. The amendment sought is necessary for determining the real
questions in controversy between the parties. If relief sought by the
defendant no.1 is granted no prejudice will be caused to the plaintiff
who will have an opportunity of filing reply to the counter claim as
sought to be incorporated by virtue of amendment in the written
statement. Hence, I am inclined to pass the following order.
-: O R D E R :-
(i). Chamber Summons no.625 of 2020 is made absolute in terms of
prayer clause (b) of a and (b).
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.4. Chamber Summons
in L.C. Suit No. 1574 of 2015
(ii). The defendant no.1 to carry out amendment as per the schedule
within stipulated time.
(iii). Chamber Summons is, accordingly, disposed of.
(V.R. Jagdale)
Mumbai. Judge,
Dated : 30.10.2025. City Civil Court, Mumbai.
Directly typed on computer on :30.10.2025
Draft given to HHJ on :30.10.2025
Checked and Signed on :30.10.2025
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.5. Chamber Summons
in L.C. Suit No. 1574 of 2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
30.10.2025 at 12.20 p.m.
Name of the Stenographer
Mrs. V.N.Rajgole.
Name of the Judge (with Court Room No.) HHJ Shri V.R. Jagdale
(Court Room No.11).
Date of Pronouncement of Judgment/Order 30.10.2025
Judgment/Order signed by P.O. on 30.10.2025
Judgment/Order uploaded on 30.10.2025
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