Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1673/19 in Suit No. 2940/18. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1673 OF 2019
(CNR NO. MHCC01-009449-2019)
IN
LONG CAUSE SUIT NO. 2940 OF 2018
(CNR NO. MHCC01-014081-2018)
Firoz Fakir Khan ...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai
and others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 25th FEBRUARY, 2020.
Mr. Pratap Singh, Advocate for Plaintiff.
Mr. Rajan Yadav, Advocate for Defendants No.1 and 2 / MCGM.
Mr. Tanvir Shaikh, Advocate for Applicants / Defendants No.3 and 4.
ORDER
This is a chamber summons taken out by plaintiff to
incorporate speaking order dated 23/11/2018 as part of pleading.
2. Perused reply submitted by MCGM.
3. Heard ld. Advocate Pratap Singh for plaintiff and ld.
Advocate Rajan Yadav for MCGM at sufficient length.
4. The impugned notice issued under Section 354A of the
MMC Act dated 23/10/2018 is under challenge. It was noticed to
MCGM that plaintiff being developer was found constructing ground
plus second floor over the suit premises. In view of inspection report
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Ch/s No. 1673/19 in Suit No. 2940/18. 2 Order.
dated 23/10/2018 impugned notice came to be issued. It was observed
by the Beat Officer that old structure was dilapidated. It was totally
withdrawn by the plaintiff and new construction came to be erected.
5. On perusal of documents submitted by plaintiff, it is
concluded that impugned structure erected by plaintiff was not prior to
the datum line, therefore intimation to demolish the structure was
issued. Obviously, it will not change the nature of the suit. It being
continuation of notice dated 23/10/2018. Hence chamber summons
deserves to be allowed. Hence the order :
- ORDER -
1. Chamber Summons No. 1673/2019 is made absolute in
view of prayer clause (a) and (b).
2. Plaintiff to amend the plaint within two weeks from the
date of uploading the order.
3. Defendants are at liberty to file additional written
statement.
4. Ch/s No. 1673/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 25/02/2020. Mumbai.
1. Dictated on : 25/02/2020.
2. Transcribed on : 25/02/2020.
3. Signed on : 26/02/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Ch/s No. 1673/19 in Suit No. 2940/18. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
27/02/2020. 3.03 p.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 25/02/2020.
Judgment/Order signed by P.O. on 26/02/2020.
Judgment/Order uploaded on 27/02/2020.
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