Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum. 896/18 in Stamp No.6831/18
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.896 OF 2018
IN
STAMP NO.6831 OF 2018
Mr. Mohammed Yakoob Shaikh,
Age 55 years, an adult,
Indian Inhabitant of Mumbai,
having Structure known as
Sami Bldg., Near Michael Compound,
Moreshwar Patankar Marg, Pipe Rd.,
Kurla (West), Mumbai400 070. Plaintiff.
V/s.
The Municipal Corporation of Greater Mumbai,
a body corporate duly constituted under the
Provision of B.M.C. Act 1888,
Having their head office at
Mahapalika Bhavan, Mahapalika Marg,
Mumbai – 400 001. Defendants.
Advocate Mr. B.P. Shukla for plaintiff.
Advocate Ms. Hajare for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 04th JULY, 2018
ORAL ORDER
The plaintiff has filed chamber summons to carry out
necessary amendment as per the Schedule annexed to the chamber
summons.
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:2: Ch/Sum. 896/18 in Stamp No.6831/18
2. Plaintiff submits that he has filed present suit for injunction
against the defendant/BMC. At the time of filing the suit there were
certain vital documentary evidence pertaining to suit premises, which
were earlier not traceable. Now the said documents are discovered by
plaintiff. Therefore, he want to make avernment in his plaint regarding
those documents. The Asst. Engg. 'L' Ward had issued notice dated
3.4.1976 under Section 354A of MMC Act to grandfather of the
plaintiff alleging therein that, unauthorized repairs to the 3rd floor of the
said building. Thereafter on 01.09.1983 defendant issued notice under
Section 354 of the MMC Act to the father of the plaintiff to carry out
repairs to the building known as Sami building mentioned in the said
notice. Thereafter on 01.09.1993 notice was issued to the tenant of the
father of plaintiff by giving the reference of notice issued to the father
of plaintiff. All these documents are in respect of suit premises
therefore, plaintiff want to bring those avernment in their plaint. Hence,
they filed present chamber summons.
3. BMC filed their say, thereby strongly objected present
chamber summons on the ground that the said avernment which the
plaintiff want to incorporate in their plaint, are not relevant. Plaintiff
has not given any bonafide reason for not enclosing the said document
at the time of filing the suit. Hence, they prayed to dismiss the chamber
summons.
4. Heard both the sides.
After perusal of the Schedule and all these documents,
which are enclosed with the affidavit in support of chamber summons,
which plaintiff want to bring on record to incorporate the avernment
regarding the said document in their plaint. It is observed that the said
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:3: Ch/Sum. 896/18 in Stamp No.6831/18
notices are issued to the father and grandfather of the plaintiff. Whether
the said notices are in respect of the suit premises, is the matter of
evidence. To the same, the burden lies on the plaintiff. After the
amendment the defendant will get the opportunity to file their written
statement and to rebut the said documents. Hence, I pass following
order :
ORDER
1. Ch/Sum. No. 896/18 is allowed.
2. As it is the High Court Time Bound matter, the plaintiff to
carry out amendment till next date.
3. Ch/Sum. disposed of accordingly.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 04/07/2018.
Dictated on : 04/07/2018
Transcribed on : 05/07/2018
Signed on : 06/07/2018
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:4: Ch/Sum. 896/18 in Stamp No.6831/18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/07/2018 At 3.38 p.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
04/07/2018
Judgment/Order signed by P.O. on 06/07/2018
Judgment/Order uploaded on 06/07/2018
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