Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1491/19 in Suit No. 6122/06. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1491 OF 2019
(CNR NO. MHCC010083642019)
IN
S. C. SUIT NO. 6122 OF 2006
(CNR NO. MHCC010092912006)
(HIGH COURT SUIT NO. 893 OF 2006)
Mr. Ryan Constance Rodrigues and another ...Plaintiffs
Versus
Mrs. Neelum Guha and others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 7th JANUARY, 2020.
Mr. Hassan Khan, Advocate for Plaintiffs.
Mr. Sayyad Mauzam Bukhari, Advocate for Defendant No.4.
Ms. Mhatre, Advocate for Defendant No.5/ MCGM.
ORDER
This is a chamber summons taken out by plaintiff for
amendment in plaint.
2. Perused reply submitted by defendant no.4. There is no
reply nor written statement submitted by defendant no.5 MMC.
3. It was replied by advocate Hassan Khan for plaintiff that
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Ch/s No. 1491/19 in Suit No. 6122/06. 2 Order.
occupation certificate was granted by MMC, therefore MMC is made
party. It is admitted that MMC is a formal party in the present suit.
4. Ld. advocate Hassan Khan for plaintiff submits that
defendant no.4 has submitted the written statement in January, 2019
wherein it is mentioned that occupation certificate was issued in the
year 2005. It is added that description of the property card in respect of
flat number as pleaded in proposed amendment below para 5(a) is
relevant. Hence it is claimed for amendment.
5. Ld. advocate Bukhari for defendant no.4 submitted that
defendants had obtained NOC from the plaintiff prior to construction,
therefore MMC has granted occupation certificate to the defendants. As
issues are framed by this Court vide Exh.7, suit is ready for hearing. It
is requested to reject the chamber summons.
REASONS
6. This is a suit received from the Hon'ble High Court as MMC
is defendant no.5 in present suit. The suit is 14 years old. Ld. advocate
Khan for plaintiff has assured that plaintiff will examine two witnesses.
7. It is not disputed that occupation certificate was issued by
the MMC in the year 2005. This is a suit for 1/7th share claimed by the
plaintiff in view of agreement interse. The description as proposed by
plaintiff in amended para 5(a) is not disputed. On the contrary, it may
assist the Court in proper demarcation and proper description of suit
property. The fact in issue in present suit is whether plaintiff entitle for
share in suit property. Accordingly, it will revolve around entitlement
of 1/7th share. Therefore, proposed amendment will not change the
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Ch/s No. 1491/19 in Suit No. 6122/06. 3 Order.
nature of the suit. Hence the order :
ORDER
1. Chamber Summons No. 1491/2019 is allowed.
2. Plaintiff to carry out an amendment within a week. No
order of cost as defendant no.4 has submitted written
statement in January, 2019.
3. Both side to file their list of witness, positively on next date
to expedite hearing.
4. Ch/s No. 1491/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 07/01/2020. Mumbai.
1. Dictated on : 07/01/2020.
2. Transcribed on : 08/01/2020.
3. Signed on : 09/01/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
13/01/2020. 11.10 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 07/01/2020.
Judgment/Order signed by P.O. on 09/01/2020.
Judgment/Order uploaded on 13/01/2020.
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