Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum 738-18 in L.C.SUIT no. 2181-09
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 738 OF 2018
(CNR no. MHCC010049722018)
IN
L.C. SUIT NO. 2181 OF 2009
(CNR no. MHCC010009772009)
1. Smt. Heerabai Laxman Raut & 5 others ]..Plaintiffs
Versus
1. Shri Anil Laxman Raut & 4 others ]... Defendants
Coram : Dr. M. S. Deshpande, Judge
(Court Room no. 05)
Date : 3rd January, 2019.
Mr. M. S. Lad, advocate for plaintiffs.
Ms. Nihita Shankaran, advocate for defendant no. 1.
Mr. Waghchoure, advocate for defendant no. 3.
Ms. Ravade, advocate for defendant no. 4 & 5.
ORDER
1. The plaintiffs have taken out this chamber summons for
recasting issues at Exhibit 5. The defendant no. 1 opposed the chamber
summons by filing reply.
2. Heard, the respective advocates. Perused the issues at
Exhibit 5, rival pleadings and the reliefs claimed. It is the fact that a
sister suit bearing suit no. 335 of 2017 filed by defendant no. 1 herein is
also pending in which identical dispute is raised.
-- 1 of 3 --
2 Ch/sum 738-18 in L.C.SUIT no. 2181-09
3. In short, it is the case that the predecessor in title of the
plaintiffs and defendant no. 1 was the tenant of defendant no. 4
corporation in respect of the room. It is prima facie undisputed that the
defendant no. 1 was in occupation of the said room and at the time of
redevelopment of an entire property he handed over the possession of
that room to defendant no. 3. Further, the defendant no. 3 redeveloped
the entire property and built flat no. 1704 in C wing which is to be
given by way of permanent alternate accommodation. Thus, in short the
heirs of original tenant Laxman Raut are at dispute in respect of their
respective rights pertaining to the newly constructed flat no. 1704.
Considering, these basic facts issues are recasted as follows :
1. Whether the suit is barred by law of limitations?
2. Do the plaintiffs prove that they are having equal rights with
defendant no. 1 in respect of the suit premises?
3. Do the plaintiffs prove that the defendant no. 3 has illegally
executed agreement dated 27.11.2008 in favour of defendant no.
1 alone?
4. Whether the plaintiffs are entitled to the relief of declaration as
prayed for?
4. In the aforesaid terms the chamber summons is disposed
off. No order as to costs.
(Dr. M. S. Deshpande)
Judge,
Date : 03.01.2019 City Civil Court, Mumbai.
Dictated and Transcribed on : 03.01.2019
Checked by HHJ on : 03.01.2019
Signed by HHJ on : 03.01.2019
-- 2 of 3 --
3 Ch/sum 738-18 in L.C.SUIT no. 2181-09
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 04.01.2019 at 12.14 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
03/01/2019
JUDGMENT/ORDER signed by
P.O. on
03/01/2019
JUDGMENT/ORDER uploaded
on
04/01/2019
-- 3 of 3 --