Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S NO.1501 of 2019
CNR:MHCC010084132019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
CHAMBER SUMMONS NO.1501 OF 2019
IN
S.C.SUIT NO.2499 OF 2015
Ketan A. Parekh .. Plaintiff
V/s.
Municipal Corporation
for Greater Mumbai & Anr. .. Defendants
Appearance:
Plaintiff inperson.
Adv.Smt. Vyavhare for defendant/MCGM No.1.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 09/02/2023.
ORDER
1. Plaintiff has taken out this Chamber Summons for grant of
permission to amend the suit plaint as per schedule annexed to this
Chamber Summons.
2. The Defendant Corporation filed reply to the Chamber
Summons. Remaining defendants failed to file their replies.
3. In the Chamber Summons, it has been stated that the
proposed action under Sec.351 of MMC Act has been proposed pursuant
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to his complaint. The declaration as to legality of said notice action is
sought in the present suit. There is incorrect narration of area of flat
and terrace area in the suit plaint. The prayer for appointment of Court
Commissioner has been rejected by the Court. Therefore, it is necessary
to clarify the details of correct area occupied by the parties. Hence,
plaintiff prayed for grant of permission to amend the suit as per the
schedule annexed to the chamber summons.
4. Adv. for defendant No.1 and 2 strongly objected the
contents of chamber summons and prayed for rejection of the same.
5. Heard.
6. On perusal of record, it reveals that the trial of the suit is
yet not commenced. The plaintiff, by way of this amendment just want
to clarify the possession of admeasuring area of the structure. The
present suit is filed for declaration and permanent injunction. It also
transpires from the record that, the notice action taken out by the
defendant No.1 and 2 corporation regarding notice structure is involved
in the suit. The admeasuring area of structure is very important in the
cases regarding unauthorized construction. In said circumstance it
appears that, the plaintiff is justified to ask for amendment in the suit
plaint for adding the necessary particulars of the subject matter of the
suit. Above all if the plaintiff is allowed to carry out amendment, the
defendant will also get opportunity to carry out consequential
amendment in the written statement. No prejudice would be caused to
any party if, the amendment is allowed. Per contra, the clarification as
to subject matter of the suit, will assist the Court in deciding the
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controversy on merit and it will be for the plaintiff to prove his own
pleadings.
7. Hence, in view of aforesaid discussion, I hold that Chamber
Summons deserves to be allowed in the interest of justice. Accordingly,
I proceed to pass following order.
ORDER
1. Chamber Summons No.1501 of 2019 is made absolute in
terms of its prayer clause.
2. Plaintiff is permitted to carry out amendment in the suit
plaint as per schedule incorporated in the Chamber Summons on or
before next date.
3. Consequential amendment is allowed, if any, in the suit
proceedings.
4. Chamber Summons is disposed off.
Date:09/02/2023
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Gr.Mumbai.
Dictated on :09/02/2023
Typed on :09/02/2023
Signed on : 09/02/2023
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4 C/S NO.1501 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/02/2023 11.37 a.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
09/02/2023
JUDGMENT/ORDER signed by P.O.on 09/02/2023
JUDGMENT/ORDER uploaded on 10/02/2023
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