Final Order 1

Order Details: Chamber summons
Pdf Text: C/S 803/18 in Suit 278/14 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.803 of 2018
IN
SUIT NO.278 of 2014
Shri Rishikesh Balbhim Shinde ..Plaintiff
V/s.
Dr. Dilip Dnyandev Pawar ..Defendant
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 27th September, 2018
(C.R.No.19)
Adv. Mr. Sandip J. Ghogare for the plaintiff.
Adv. Mr. P. S. Tiwari for the defendant.
ORAL ORDER
1. In a suit for declaration and possession, at the stage of
framing of issues, the plaintiff filed the present Chamber Summons to
amend the plaint in terms of Schedule A annexed to the Chamber
summons.
2. The plaintiff states that the portion shown in red colour in
sketch Exh.E of the plaint was given to one Mr. Satyasheel Rangrao
Mane on Leave and License basis which was terminated on 30th
October, 2014 and the possession of the said portion was handed over
on 30th October, 2014 i.e. after filing of the present suit. The plaintiff
by way of this Chamber Summons wants to bring on record these facts.
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C/S 803/18 in Suit 278/14 2
3. The defendant vide his affidavit in reply opposed the
Chamber Summons on the ground that the possession was handed over
to the defendant only and not to the plaintiff.
4. I have heard learned counsel on behalf of both the parties.
At the outset, the suit is at its preliminary stage. The issues are yet to
be framed. To whom the possession is handed over would be decided
on the basis of evidence before the court. The proposed amendment is
not going to change the nature of the suit. I do not see any impediment
in allowing the prayer as proposed in the Schedule A attached to the
Chamber Summons. Hence, I allow the Chamber Summons and pass
the following order :
ORDER
1) Chamber Summons is made absolute in terms of the Schedule A
annexed to the Chamber Summons.
2) Plaintiff to carry out the amendment within eight days from
today.
27/09/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 27/09/2018
Transcribed on : 27/09/2018
Signed by HHPJ on : 27/09/2018
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C/S 803/18 in Suit 278/14 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : Mrs. Varsha D. Chowdhri
Upload date and time : 28th September, 2018 (At 11.24 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs. P. V. GANEDIWALA (C.R.No.19)
Date of Pronouncement of Order 27th September, 2018
Order signed by P.O. on 27th September, 2018
Order uploaded on 28th September, 2018
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