Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S No.1630 of 2019
CNR:MHCC01-009227-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1630 OF 2019
IN
S.C. SUIT NO.3826 OF 2013
Vakeel Ahmed Attarwala @ Vakil
Ahmed S/o Haji Atiq Ahmed .. Plaintiff
V/s.
1. Ishrat Jahan & Ors. .. Defendants
Appearances :-
Adv. N. Jafari, Adv. for plaintiff.
Adv. Kadu @ Adv. Shashikala Mahamuni for defendants.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 15th March, 2021.
ORDER
1 Perused the Chamber Summons. Heard both the sides.
2 This Chamber Summons is taken out by the plaintiff
for permission to amend the plaint as per schedule and to add
paragraphs 7(a) to 7(k) after paragraph No.7 in the plaint and
further for prayer to declare that family settlement deed
dt.17/12/1999 is executed and signed by the parties having
binding force. Another prayer is for partition and possession of
7/40th share and further partition and sale of 7/40th shares.
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2 C/S No.1630 of 2019
3 Learned Adv.Jafari for the plaintiff submitted that
initially suit is filed for injunction restraining the defendants from
taking any step regarding property of the deceased to the extent of
share of the plaintiff and another prayer is for mandatory
injunction directing the plaintiff to execute necessary documents
as per settlement deed. He submitted that issues are framed and
PW-1 filed affidavit of evidence, however, cross is not yet begun,
therefore, amendment can be allowed at any stage. He requested
to allow the Chamber Summons as prayed.
4 On the contrary, learned Adv. Kadu for the defendants
opposed the Chamber summons. He submitted that original suit is
for injunction. In the present Chamber Summons, plaintiff is
praying for partition and declaration which will change the nature
of the suit. Family settlement deed dt.17/12/1999 was with the
plaintiff at the time of filing the suit and present Chamber
Summons is moved after five years, so, there is delay. He
requested to reject the Chamber summons.
5 After hearing both the sides, I go through record and
pleadings. Original suit of the plaintiff is for the injunction and
mandatory injunction. Plaintiff is claiming injunction on the basis
of family settlement deed det.17/12/1999. In the present Chamber
Summons, in paragraph Nos.7(a) to 7(k) of the schedule, plaintiff
is proposing the amendment and adding the circumstances under
which the family settlement deed was executed, further adding of
the name of the family members in the Electricity Department,
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3 C/S No.1630 of 2019
lodging of the complaint. As since beginning, plaintiff is relying on
the family settlement deed and claiming relief, in my opinion, if
Chamber Summons is allowed and plaintiff is permitted to carry
out proposed amendment, it will finally adjudicate the issue
between the parties. Therefore, in my opinion, proposed
amendment does not change the nature of the suit. In proposed
amendment, it is prayed for additional relief of partition,
therefore, considering the nature of prayer, in my opinion, delay
can be compensated. Hence, I pass following order.
ORDER
1 Chamber Summons No.1630 of 2019 is hereby allowed
in terms of prayer clause(a) subject to cost of Rs.5,000/- which is
payable to the defendants on or before next date.
2 Plaintiff to carry out the amendment within 14 days.
3 Plaintiff to value the suit properly and to pay necessary
Court Fees, if any, after amendment.
4 Chamber Summons is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 15/03/2021. Greater Bombay.
Dictated on :15/03/2021.
Transcribed on :16/03/2021.
Signed on :16/03/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 16/03/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
15/03/2021.
Judgment/Order signed by P.O. on 16/03/2021.
Judgment/Order uploaded on 16/03/2021.
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