Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 1381 of 2019 in Suit No. 8711 of 1993
1 Date 04.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1381 of 2019
IN
S.C. SUIT NO. 8711 of 1993
(CNR NO.MHCC01 0076552019 )
Ramila D/o. Kalubhai Tanna .. Plaintiff
Versus
1. Hemang Pramod Tanna @ Anr. .. Defendants
And
Kashyap Mahindra Tanna .. Applicant /
Proposed Plaintiff
Appearances :
Adv.Anand Nilkanth for plaintiff present.
Adv.Ashok Saroagi for defendant no.1 present.
Adv.Anand Nikhal for applicant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
C.R. No. : 7
Dated : 04.11.2019
ORDER
1. The applicant has filed instant Chamber Summons seeking
amendment in the plaint as per schedule and to add him as a plaintiff
no. 2 in the title clause.
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Chamber Summons 1381 of 2019 in Suit No. 8711 of 1993
2 Date 04.11.2019
2. It is contended by the applicant that he is the nephew of original
plaintiff, who is 94 year old. The original pliantiff is the absolute
owner of suit property bearing flat no. 312, DWing, Atul Tower Co
operative Housing Society Limited, Mathuradas Extension Road,
Kandivali (West), Mumbai. It is contended by the applicant that the
plaintiff during the pendancy of the suit, transferred the suit property in
his favour by executing gift deed dated 21st April, 2016, which was duly
registered with the SubRegistrar of Assurances. Thus, it is contended
by the applicant that after execution of aforesaid gift deed, he has
acquired right, title and interest in the suit property from the plaintiff.
Hence, he be permitted to proceed the suit as plaintiff no.2 and to carry
out necessary amendment in the plaint.
3. The chamber summons is opposed by defendants by filing their
say. It is contended by the defendants that the plaintiff inorder to delay
the matter is playing delay in tactics so that defendants should not get
possession of the suit property. The defendants further contended that
the purported gift deed is bad inlaw. It is further alleged by the
defendants that the applicant made false statement on oath. He is not
residing with the plaintiff in the suit house. Hence, defendants prayed
for dismissal of the Chamber Summons.
4. Heard both the sides. Perused Chamber Summons, reply and
pleading of the plaint. The original plaintiff filed suit for declaration
that she is the absolute owner of the suit property and defendants are
not having any right, title and interest to interfere with her possession
in the suit premises. The original plaintiff during the pendency of the
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Chamber Summons 1381 of 2019 in Suit No. 8711 of 1993
3 Date 04.11.2019
suit, by executing registered gift deed dated 25th April, 2016,
transferred the suit property in the name of present applicant. It is also
not disputed that the defendants filed Civil Suit No. 2320 of 2019
challenging the aforesaid gift deed. Thus, from the aforesaid fact, it is
clear that the defendants have admitted the execution of gift deed. In
my view, the aforesaid fact of transfer of property is essential to be
brought on record in order to adjudicate rights of the parties in the suit.
Hence, the amendment to that extend need to be allowed.
5. As far as regarding the prayer of applicant to add him as plaintiff
no.2 is concern, in my view the right, title and interest are transferred
in favour of the applicant, there is no harm and prejudice caused to the
defendant, if the applicant is added as plaintiff no.2 in the suit.
Moreover, the aforesaid amendment does not changes the nature of the
suit. Even, otherwise also on perusal of entire reply filed by the
defendants, it no where reflects that defendants seriously opposed the
chamber summons on any legal grounds. Hence, from the above
discussion, in my view, the chamber summons needs to allowed. Thus,
I proceed to pass the following order :
ORDER
1. Chamber Summons No. 1381 of 2019 is allowed in terms of
prayer clause (a) and (b).
2. The Applicant be added as plaintiff no.2 and he is permitted to
carry out necessary amendment as per schedule within 14 days
from the date of order.
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Chamber Summons 1381 of 2019 in Suit No. 8711 of 1993
4 Date 04.11.2019
3. The defendants are at liberty to carry out consequential
amendment.
4. Parties to bear their own costs.
5. Chamber Summons No.1381 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 04.11.2019 Gr. Bombay
Dictated on : 04.11.2019
Transcribed on : 04.11.2019
Draft submitted on : 0.11.2019
Checked on : 04.11.2019
Signed on :04.11.2019
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Chamber Summons 1381 of 2019 in Suit No. 8711 of 1993
5 Date 04.11.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/11/2019 at 02.10 p.m. (Mrs. P.R.WAGH)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
04/11/2019
JUDGMENT/ORDER signed by
P.O. on
04/11/2019
JUDGMENT/ORDER uploaded
on
11/11/2019
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