Final Order 1

Order Details: Chamber summons
Pdf Text: ..1.. Chamber Summons No.1277/2019
MHCC010071192019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1277 OF 2019
(CNR NO.MHCC01-007119-2019)
IN
S. C. SUIT NO.11 OF 2019
Mrs. Farida Haseen Ahmed Qureshi ).. Applicant
IN THE MATTER BETWEEN :
Mrs. Farida Haseen Ahmed Qureshi ).. Plaintiff
Versus
Nasir Mohammad Miya Qureshi and
another )..Defendants
Appearance :-
Learned Advocate Mitali Nibre holding for Advocate Vikrant
Parashurami for applicant/plaintiff.
Learned Advocate L. K. Tripathi for defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 26/09/2023.
ORDER
1 This chamber summons is taken out by the plaintiff for
addition of prayer clause (1a) and (1b) in the array of prayer and one
line in the prayer clause 1. It is the contention of plaintiff that initially
the suit was filed by the plaintiff in person, thereafter, she engaged an
-- 1 of 4 --
..2.. Chamber Summons No.1277/2019
advocate who advised her to amend the plaint by inserting schedule of
amendment which is necessary, therefore, she applied for this chamber
summons for amendment of plaint and addition in the prayer clause.
2 Defendant No.1 resisted the contention by filing reply
contending that the chamber summons is bad in law, misconceived and
without any cause of action. It is contended that it will change the
nature of the claim and prayed for dismissal of chamber summons.
3 Heard both the sides.
4 It reveals from the record that the plaintiff has “not
pressed” for addition of prayer clause (1a), making endorsement on
the schedule that it be treated as deleted from the chamber summons,
thus, chamber summons is now restricted to the extent of amendment
and insertion of clause (1b) and one line in prayer clause 1.
5 It reveals from the record that the plaintiff is claiming
herself as a tenant of room No.10 and the defendants are the tenant of
room No.11. The defendants are causing encroachment in the common
passage between the two and causing inconvenience to the plaintiff,
therefore, she filed this suit for damages. The plaintiff is claiming
harassment and mental agony at the hands of defendants. She has
categorically mentioned her case in plaint, claiming harassment and
mental agony at the hands of defendants. The plaintiff wants to add
words “towards damages for harassment and mental agony” in prayer
clause 1, but on perusal of prayer clause 1, the word damages was
already mentioned therein and the harassment and mental agony is
-- 2 of 4 --
..3.. Chamber Summons No.1277/2019
already pleaded in entire averment of the plaint, therefore, it is not
necessary to mention it in the prayer clause also.
6 The prayer clause (1b) is relating to the direction to
defendants to deposit 50% compensation amount claimed in prayer
clause 1 during pendency of suit in the Court. This appears to be an
interim relief, during pendency of suit. The plaintiff is at liberty to take
out notice of motion seeking interim relief under Order XXXIX Rule 1
and 2 of Code of Civil Procedure. This prayer need not be a part of
plaint wherein the final reliefs are required to be pleaded, which are to
be decided at the time of final adjudication. Thus, I am of the view that
relief (1b) need not be part of plaint and is not necessary to be
inserted in the prayer clause. In view of the above discussion, I am of
the view that the chamber summons is devoid of merit and deserves to
be dismissed. Resultantly, I proceed to pass the following order :-
ORDER
1. Chamber Summons No.1277/2019 in S. C. Suit
No.11/2019, is hereby dismissed.
2. Costs in cause.
3. Chamber summons is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Gr. Bombay.
Date: 26/09/2023. C.R. No.15
Dictated on : 26/09/2023
Transcribed on : 26/09/2023
Signed by HHJ on : 29/09/2023
-- 3 of 4 --
..4.. Chamber Summons No.1277/2019
“Certified to be true and correct copy of the original signed order”.
30/09/2023
at about 03.10 p.m.
(Ms. Sonali Sudhir Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 26/09/2023
Order signed by Hon'ble Judge on : 29/09/2023
Order uploaded on : 30/09/2023
at about 03.10 p.m.
-- 4 of 4 --