Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1298 OF 2019
IN
SUIT NO.3271 OF 2010
(CNR NO.MHCC01-007248-2019)
Shamsher Mohd. Shoeb Shaikh )...Plaintiff.
V/s.
1. Matrukrupa Developers & Ors. )...Defendants.
Appearance:-
Ld. advocate Mr.Arvind Taral for plaintiff.
Ld.advocate Mr.Vikram Singh for defendant no.1.
Ld.advocate Mr.R.P.Singh for defendant no.2.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :06/03/2020 (C.R.No.31)
ORDER
This chamber summons is taken out by the plaintiff for making
amendment in the plaint. This chamber summons is resisted on behalf
of both the defendants by filing their reply respectively. Heard both the
learned counsels on behalf of both the sides at length. Perused the
record.
2. On scrutiny of the proposed amendment it appears that the
proposed amendment in respect of the suit property after filing the suit,
according to the plaintiff, after filing the suit, the defendant no.1
Developer has demolished the building where the suit flat is located
without permission of the plaintiff. Moreover, the defendant no.2 has
claimed his ownership in respect of the suit flat. The learned counsel on
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behalf of the plaintiff has argued that if the proposed amendment is to
be allowed, the nature of the suit will not be changed.
3. The learned counsels on behalf of the defendants have argued
that the present suit filed on behalf of the plaintiff in the year 2010.
This chamber summons taken out by the plaintiff on 12/06/2019. If the
proposed amendment is to be allowed, the nature of the suit will be
changed and it will be caused hardship on the part of the defendants.
On these grounds, the learned counsels on behalf of the defendants
have submitted that present chamber summons taken out by the
plaintiff may kindly be dismissed.
4. After hearing the arguments on behalf of both the sides at length
and after scrutiny of the proposed amendment, it seems to me that the
proposed amendment is after development after filing of the suit.
Moreover, on perusal of the record, yet issues are not framed. If the
proposed amendment is to be allowed, then the nature of the suit will
not be changed, it will not surprise to the defendants. It will not cause
any hardship on the part of the defendants. Therefore, in order to
adjudicate real controversy in between the parties, it requires to allow
the chamber summons taken out by the plaintiff. Hence, I inclined to
allow this chamber summons taken out by the plaintiff. Therefore, I
have proceed to pass following order.
ORDER
1. Plaintiff's chamber summons no.1298/2019 is hereby allowed as
prayed for.
2. The Plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
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3. Chamber summons no. 1298/2019 is disposed off accordingly.
(R.V.Kokare)
Judge,
Dated: 06/03/2020. City Civil Court, Gr. Bombay.
Dictated on:06/03/2020
Transcribed on:07/03/2020
Signed by HHJ:09/03/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/03/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare (CR No.31)
Date of Pronouncement of
Judgment/Order
06/03/2020
Judgment/order signed by P.O on 09/03/2020
Judgment/order uploaded on 09/03/2020
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