Order 1

Order Details: Chamber summons
Pdf Text: 1 C/H No.1037/2018 in S.S.1330/2014
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.1037 OF 2018
(MH CCO10074132018)
IN
S.C.SUIT NO. 1330 OF 2014
(MH CCO10048612014)
1 Kunda Balaram Nakhwa ]
Adult, Aged: 56 years, Occupation: House ]
hold, Indian Inhabitant, ]
Residing at 429, BIT Cement Chawl No.3, ]
Room No.11 and 12, Madhavrao Rokhde ]
Marg, Masjid Bunder (West), ]
Mumbai 400 009. ]
2 Shri Anand Balaram Nakhwa ]
Adult, Aged: 63 years, Occupation: ]
Retired Indian Inhabitant, ]
Residing at 429, BIT Cement Chawl No.3, ]
Room No.11 and 12, Madhavrao Rokhde ]
Marg, Masjid Bunder (West), ]
Mumbai 400 009. ].. Plaintiffs.
V/s.
1 Vinod Balaram Nakhwa ]
Adult, Aged 60 years, Occ: Retired ]
Indian Inhabitant, Residing at Shyam ]
Complex, Ground Floor, Mira Road (E), ]
Thane. ]
2 Dashrath Balaram Nakhwa ]
Adult, Aged 53 years, Occ: Service ]
Indian Inhabitant, Residing at Devbai ]
Chawl, Behind Mahim Bus Depot, ]
Mahim (West), Mumbai 400 016. ]..Defendants.
-- 1 of 5 --
2 C/H No.1037/2018 in S.S.1330/2014
Advocate Mr. Rajiv Deokar for the plaintiffs.
Advocate Mr. Vinayak Tare for the defendants.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.01)
DATE : 27th JULY 2018
ORAL ORDER
This Chamber summons has been taken out by the plaintiffs
for allowing them to carry out amendment in the suit plaint as per the
schedule annexed to the Chamber Summons.
2 In support of Chamber Summons, plaintiff no.1 has filed
affidavit, wherein she has stated that after filing of the suit, on
13.07.2014, defendant no.1 came to the suit premises and abused
plaintiff no.1. Therefore, plaintiff no.1 lodged complaint with Pydhonie
Police Station under N.C. No.801/14 dated 13.07.2014. Thereafter,
again on 23.07.2014, defendant no.1 came to the suit premises and
abused plaintiff no.1. Therefore, plaintiff no.1 lodged complaint with
Pydhonie Police Station under N.C. No.663/14 dated 23.07.2014. In
the above facts and circumstances, the plaintiffs filed this chamber
summons to incorporate para 12(a) in the suit plaint.
3 It is further averred that the proposed amendment is
necessary for the purpose of determining question involved in the
controversy between the parties. If amendment is allowed, no prejudice
would be caused to the defendants. Thus, prayed for allowing Chamber
Summons.
-- 2 of 5 --
3 C/H No.1037/2018 in S.S.1330/2014
4 Defendant no.1 has filed affidavit in reply to the chamber
summons and contended that Chamber Summons is not maintainable.
Suit is filed for injunction. Therefore, alleged subsequent events cannot
be considered. The defendants have denied averments in the affidavit
in support of chamber summons and prayed for dismissal of chamber
summons with costs.
5 Heard the learned advocate for the plaintiffs and the
learned advocates for the defendants. Perused proposed amendment
and copies of N.C. cases tendered by the plaintiffs alongwith chamber
summons. It appears from the documents that after filing of the suit
two N.Cs complaints lodged by plaintiff no.1 during the pendency of the
suit. Considering the said subsequent events, now the plaintiffs are
intending to incorporate the said fact in the plaint by adding para
12(a). After perusal of proposed amendment, it discloses that it is
totally based upon N.C. cases filed by the plaintiffs, after filing of the
present suit. Therefore, in the facts and circumstances, if proposed
amendment is allowed, it will not change the nature of the suit and will
not cause any prejudice to the defendants. Further, in order to decide
real controversial issues involved in the suit on merit and to avoid
multiplicity of the proceedings, it is just and proper to allow present
chamber summons. With this, I proceed to pass the following order:.
ORDER
Chamber Summons No. 1037 of 2018 is hereby made
absolute in terms of prayer clause (a).
-- 3 of 5 --
4 C/H No.1037/2018 in S.S.1330/2014
2 The plaintiff are hereby allowed to carry out amendment in
the suit plaint as per the schedule 'A' annexed with the Chamber
Summons on or before next date and further directed to place on record
amended copy of the suit plaint.
3 It is also directed to the plaintiffs to supply amended copies
of the suit plaint to the defendants without fail.
4 Chamber Summons No. 1037 of 2018 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
Date: 27/07/2018. City Civil Court,
Gr. Bombay.
Dictated on : 27/07/2018
Transcribed on : 31/07/2018
Signed on : 01/08/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/08/2018 At 11.35 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.01)
Date of pronouncement of
Judgment/Order
27/07/2018
Judgment/Order signed by P.O. on 01/08/2018
Judgment/Order uploaded on 02/08/2018
-- 4 of 5 --
5 C/H No.1037/2018 in S.S.1330/2014
-- 5 of 5 --