Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 1736-2019 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO. 1736 OF 2019
CNR: MHCC01-009780-2019
in
L.C. SUIT NO. 1149 OF 2009
Mr. Naganna Gangaram Medsare .....Plaintiff
Versus
MCGM .
... Defendant
CORAM: AD-HOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 1st March, 2021.
Appearance:-
Ld Advocate Nitesh Pandey (h/f) for Applicant/plaintiff.
Ld Advocate Nandanvar for MCGM.
ORAL ORDER
1) Plaintiff took out this Chamber Summons for
amendment in the plaint. MCGM submitted reply & strongly opposed
the amendment.
2) According to plaintiff the suit is pending since 2009.
Government policy was to protect a structure standing in slum which
was in existence as of 1/1/1995. Further, Government policy with
regard to the above protection accorded to a structure standing in a
slum has witnessed a substantial change. Firstly, by way of
Maharashtra Amendment 2014 came into effect from 2/5/2014 the
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CS No. 1736-2019 2
datum line for seeking protection was enhanced from 1/1/1995 to
1/1/2000. Secondly, by way of 2011 amendment which came into
force w.e.f. 26/4/2018 whereby datum line for seeking conditional
protection has been enhanced from 1/1/2009 to 1/1/2011. Said
benefits are applicable to the plaintiff/the notice structure/impugned
notice. Therefore, plaintiff sought amendment in the plaint
accordingly. The CS is supported with the affidavit of plaintiff.
3) I have heard arguments advanced by Ld Counsel
appearing on behalf of plaintiff & MCGM. Admittedly, during
pendency of this litigation certain changes/developments took place.
Therefore, it appears that plaintiff is entitled to bring on the record
said facts. No doubt that burden of proving said facts/allegations
shall be on the shoulders of the plaintiff. Therefore, in order to avoid
multiplicity of litigations between the parties & in order to decide suit
on merits the amendment sought for appears necessary.
4) Considering peculiar facts and circumstances I procced
to pass following order in the interest of justice.
ORDER
1) Chamber Summons No. 1736 of 2019 is hereby
allowed as prayed for.
2) Plaintiff is permitted to carryout the amendment
shown in the schedule within 14 days from the
date of this order. Further, amended plaint shall
also be produced within the said prescribed period
under Order 6 Rule 17 & 18 of the C.P.C.
3) Thereafter, defendant will be at liberty to submit
additional written statement, if any.
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CS No. 1736-2019 3
4) Plaintiff shall avoid delay in the main suit.
(S.C. Pathare)
Ad-hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated & directly typed on dais computer: 01/03/2021.
Checked on
	: 01/03/2021.
Signed by HHJ on : 01/03/2021.
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CS No. 1736-2019 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/03/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
01/03/2021.
JUDGMENT/ORDER signed by P.O.
on
01/03/2021.
JUDGMENT/ORDER uploaded on 05/03/2021.
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