Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CHS 1121-2019 IN SU 6658-03
MHCC010062212019
CNR NO. MHCC010062212019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1121 OF 2019
IN
SUIT NO.6658 OF 2003
(HIGH COURT SUIT NO.1421 OF 2003)
KISHORE GOPALDAS AHUJA
]… Plaintiff.
V/s.
1. SUNIL GOPALDAS AHUJA & ORS.
]... Defendants.
Appearances :-
Ld. Adv. H. J. Lulia for plaintiff.
Ld.Adv. Prem Gidwani I/b Adv. Shashank Fadia for defendant No.1.
Ld. Adv. Vinay R. Yadav for defendant No.3.
CORAM : HIS HONOUR JUDGE
SHRI R.S. KSHIRSAGAR
(C.R.No.13)
DATED : 15th JUNE, 2023
: ORAL ORDER :
1. The plaintiff has taken out the present Chamber Summons
for consequential amendment in the plaint.
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2. In support of this Chamber Summons plaintiff has filed his
supporting affidavit. It is contended by the plaintiff that he has filed
present suit for partition and administration of the estate left behind by
his father Shri Gopaldas Ahuja amongst his heirs. Now present suit is
fixed for cross-examination of DW No.-1. Notice of Motion is also
pending in the present matter. Defendant no.2 is his sister and during
the pendency of the suit she released her ¼ share in the estate of his
father in his favour by registered deed of released dated 28/04/2017.
To that effect he wants to amend the plaint.
3. Defendant no.1 appeared and filed his say and denied all
the contentions of the plaintiff. Instead of proceeding with his cross-
examination plaintiff started adopting delay in tactics and taken out
various proceeding one after another including the present Chamber
Summons to delay the matter with sole intention to prolong the trial
and cause harassment to him. If present Chamber Summons is allowed
it will tantamount to examination and re-cross examination of the
plaintiff and further he will also to file his further written statement and
also to file his affidavit in a examination in chief afresh and lastly
prayed to rejected the application.
4. Perused the application and say on it. Heard Ld. Counsel of
the defendant. Ld. Counsel for the plaintiff submitted his written
argument on record. By way of this amendment plaintiff wants to bring
on record the subsequent event which is happened during the pendency
of the suit. Perused the record. Plaintiff has filed this suit for partition.
During the pendency of the suit defendant no.2 released her share in
favour of the plaintiff therefore, the present amendment is necessary to
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resolve the real controversy between the parties. If same is allowed,
there will be no change in the nature of the suit. So also no prejudice
will be caused to the other side. Hence, considering the above facts and
circumstances present Chamber Summons is deserves to be allowed.
Hence, the following order.
ORDER
1. Present Chamber Summons No.1121 of 2019 is allowed as prayed.
2. Plaintiff to carry out the amendment within a 14 days from the date
of this order and furnished amended copy for Court record and for the
defendants.
3. Chamber Summons No.1121 of 2019 is disposed of.
( Shri. R. S. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 15-06-2023 City Civil Court, Gr. MUMBAI
Directly typed on : 15-06-2023
checked on : 17-06-2023
Signed on : 17-06-2023
( Shri. R. S. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17-06-2023 at 03.45 p.m.
UPLOAD DATE AND TIME
(LAXMI VISHWAMBHARE)
NAME OF TYPIST
Name of the Judge H.H.J. Shri. R.S.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
15-06-2023
Judgment/order signed by P.O. on 17-06-2023
Judgment/order uploaded on 17-06-2023
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