Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1344/2019 ..1.. S.C. Suit No.3687/2013
CNR No.MHCC01- 007508-2019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1344 OF 2019
IN
S.C. SUIT NO.3687 OF 2013
Nilisha Wd/o Nandkishor Vasant Pathre. .. Plaintiff/Applicant.
Versus
Satish Mahadeo Tembulkar and others. .. Defendants.
Advocates
Jankar for the plaintiff.
Bhagyashri Dhamapurkar for defendant No.1 and 2.
Asim for defendant no.4.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 2nd March, 2020
ORAL ORDER
Chamber summons is taken out on behalf of the plaintiff for
amendment of the plaint as per schedule A and B annexed with
Chamber summons.
2. Perused the chamber summons, affidavit in support of it, reply
of defendant no.1 and 2, say of defendant no.4 and proceedings of the
case. Heard both parties.
3. Contention of advocate for the plaintiff is that during pendancy
of the suit, Chief Officer of Mumbai Building Repairs and
Reconstruction Board (A Unit of MHADA) has written letter dated
23.06.2017 to the plaintiff stating that plaintiff is accepted as tenant of
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CS No.1344/2019 ..2.. S.C. Suit No.3687/2013
suit property in view of order dated 16.08.2008 passed by Small Causes
Court in RAD No.72/2016 but as the present suit is pending, name of
the occupant/plaintiff for room no.42-B is kept in abeyance till final out
come of the present suit. So also in view of order dated 02.04.2018
passed by this Court in Notice of Motion no. 481/2018 taken out by
defendant no.4, suit premises is demolished by defendant
no.4/developer for the implementation of redevelopment scheme.
Hence the plaintiff is entitled for permanent alternate accommodation
in lieu of suit premises. All these facts are subsequent events. Hence the
plaint needs to be amendment as per schedule A and B as para no.21A,
21B after para no. 21 of the plaint. Thus prayed for amendment of
plaint as per prayer clause (a) of the chamber summons.
4. Advocate for defendant no.1 and 2 simply opposed the notice of
motion. Advocate for defendant no.4 also opposed notice of motion. But
advocate for defendant no.1,2 and 4 failed to point out why plaint
should not be amended in view of subsequent events happened during
pendancy of the suit.
5. Advocate for the plaintiff filed on record letter dated 23.06.2017
addressed by Chief Officer, Mumbai Building Repairs and
Reconstruction Board, ( A Unit of MHADA) Mumbai to the plaintiff
stating that name of the applicant is accepted as tenant of room no.42-B
but due to pendancy of present suit, name of occupant in room no.42-B
is kept in abeyance. Advocate for plaintiff also filed on record copy of
order dated 02.04.2018 in Notice of Motion No.481/2018 stating that
defendant no.1 and 2 should hand over vacant and peaceful possession
of suit premises to defendant no.4 and defendant no.4 should make an
application to the Court when the re-development process is over, for
handing over suit premises to its rightful owner. Thus facts mentioned
in chamber summons is subsequent development during the pendancy
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CS No.1344/2019 ..3.. S.C. Suit No.3687/2013
of suit regarding suit premises. Defendant no.1,2 and 4 did not
specifically denied subsequent development as shown by plaintiff in
chamber summons. As plaintiff wants to bring on record subsequent
development happened during pendancy of the suit, nature of suit will
not change. Suit is for declaration and permanent injunction against
defendants. Considering the nature of suit and subsequent development
regarding the suit property, chamber summons can be allowed in terms
of prayer clause (a). Under the facts, circumstances and documentary
evidence in support of chamber summons, following order :
ORDER
1. Chamber Summons No.1344 of 2019 is allowed and
made absolute in terms of prayer clauses (a).
2. Plaintiff to carry out amendment as per schedule (A) and (B)
annexed with chamber summons within 14 days from the date
of order.
3. Plaintiff shall file on record amended copy of plaint and serve
the same on defendants or their advocate.
4. Accordingly, chamber summons is disposed of.
(Sunil T. Soor)
Judge
Date : 02.03.2020 Gr. Mumbai.
Typed on : 02.03.2020
HHJ signed on : 02.03.2020
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CS No.1344/2019 ..4.. S.C. Suit No.3687/2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02.03.2020, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
02.03.2020
JUDGMENT/ORDER signed by P.O.
on
02.03.2020
JUDGMENT/ORDER uploaded on 02.03.2020
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