Final Order 1

Order Details: Chamber summons
Pdf Text: 103
28/04/2022
SU.1544/12
CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.04)
Adv Anjali Mishra h/f Adv D.A. Thorat for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
None for defendant no.2 and 3.
ORDER ON CH/S NO.1370/2019
Perused ch/s, affidavit in support thereof, documents
filed by the plaintiff. Heard all the advocates at length.
The plaintiff has filed present suit in the year 2012.
On going through the schedule of amendment it reveals that
plaintiff wants to add in the pleading the further development
taken place in respect of the suit property including partially
demolishing of suit premises on 19.07.2018. The plaintiff also
wants to place on record the observations of technical advisory
committee, therefore plaintiff prayed that proposed amendment is
just and necessary for final adjudication of the matter. Hence
prayed for allowing chamber summons.
The defendants no.2 and 3 as well as defendant no.1 /
MCGM resisted chamber summons by contending that the
defendant no.1/ MCGM has demolished the suit structure on
19.07.2018. Therefore suit premises / structure is not in existence.
Therefore suit become infructuous. Hence prayed for rejection of
chamber summons.
On going through the chamber summons reply and
hearing both advocate, I am on opinion that suit is filed in the year
2012. On going through the proposed amendment it clear that
plaintiff wants to bring on record the further development
regarding the suit property. More particularly, partial demolition of
suit property, matter was referred to technical advisory committee.
These facts are needs to be brought on record and it is necessary for
final adjudication of the matter.
If the proposed amendment is not allowed, plaintiff
will loose his right forever of challenging the same further
development, on the other hand if chamber summons is allowed,
defendant will not suffered any hardship or loss. Therefore plaintiff
is entitled for amendment as prayed in chamber summons.
Considering this I pass following order
ORDER
1. The prayer clause (a) of Ch/s No.1370/2019 is allowed and
made absolute.
2. Plaintiff is directed to carryout the amendment within stipulated
period.
3. Ch/s NO.1370/2019 is disposed off accordingly.
Adjd. To 05/07/2022 for compliance.
Judge
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