Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 1847/2019 in
L.C. Suit No. 681/2018.
MHCC010104422019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1847 OF 2019.
IN
L.C. SUIT NO. 681 OF 2018.
Sandeep Dattatreya Gore and Another. …….... …. PLAINTIFFS.
V/s.
Nagesh Rambhau Kalekar and the Others. .….. …. DEFENDANTS.
CORAM : Shri. A.G. Santani.
(Court Room No.11).
DATED : 28th March, 2022.
APPEARANCES :
Ms. S.F. Kokane, the Ld. Advocate for the Plaintiffs.
Mr. Virendra T. Dubey, the Ld. Advocate for Defendant No.1.
Mrs. Jyoti V. Mhatre, the Ld. Advocate for Defendant Nos. 2 and 3.
*****
01. The plaintiffs have taken out this Chamber Summons, U/O.
VI Rule 17 of the Civil Procedure Code of 1908, for carrying amendment
in the area of the suit property and by removing the initial Index-II filed
at Exhibit D by placing the correct one. Perused the Chamber Summons,
accompanying affidavit, and say of the defendants. Heard both sides.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the proposed amendments
are necessary for deciding the real
question in controversy in between the
parties ?............................................... ... As per final Order.
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.2. CH/S No. 1847/2019 in
L.C. Suit No. 681/2018.
(ii). What Order? .............…....................... … As per final Order.
-: REASONS FOR FINDINGS :-
AS TO POINT NO. 1:
03. By filing this Chamber Summons, the plaintiffs’ only worry
is to bring on record that the area of the suit property has been wrongly
mentioned as 148.69 sq. meters at the para Nos.1, 5 and 8 of the plaint,
in place of actual area 1458.7 sq. meter. Accordingly. They also wished
to remove the initial Index-II of the suit property, filed at the Exhibit D,
by placing the correct one, bearing the registration No. 9310/2015. On
the other hand, defendant No.1 objected this Chamber Summons on the
ground that it is afterthought and preferred after his written statement
is filed. Whereas, defendant No. 2 submitted for Orders.
04. Having considered the rival stands, at the outset, it is worth
to be noted that by filing this suit, the plaintiffs prayed for the issuance
of directions against defendant No.1 to handover possession of this suit
property and to declare that he is rank tress-passer along-with the other
ancillary reliefs. While filing this suit, the plaintiffs described in the suit
property in the para 1 of the plaint, as admeasuring 148.69 sq. meters,
which in view of this Chamber Summons, went wrong. Consequently, as
of now, they wanted to correct the same and to replace incorrect Index
II, filed at Exhibit D. At this juncture, it is pertinent to note that the suit
is still at initial stage and the trial is yet to commence. Therefore, I am
of the opinion that the proposed amendment would not cause any harm
even to the defendants. Moreover, only by correcting this area and filing
corrected copy of its Index II, the position of record would be clarified.
It would also facilitate this Court to decide real controversy between the
parties. However, still, the plaintiffs can not be allowed to withdraw the
earlier copy of Index II, filed at Exhibit D, simply because now it is the
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.3. CH/S No. 1847/2019 in
L.C. Suit No. 681/2018.
part of record. Certainly, they are placed at liberty to file the corrected
copy of Index-II extract, at Exhibit D/1. Hence, I answered point No. 1
accordingly and to answer to point No. 2, I pass the following Order :
-: O R D E R :-
(i). Chamber Summons No. 1847/2019 is partly
allowed.
(ii). The plaintiffs are called upon to amend actual area
of the suit property in the plaint, positively within two
weeks from passing of this Order.
(iii). The plaintiffs are also permitted to file the correct / actual
Index- II extract, bearing registration No. 9310/2015, of
the suit property, at Exhibit D/1 of the plaint compilation,
in addition to the earlier Index-II filed at the Exhibit D.
(iv). Costs to follow the event.
(v). Chamber Summons No. 1847/2019 stands disposed off
accordingly.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 28.03.2022. City Civil Court, Mumbai.
Dictated on : 28.03.2022.
Transcribed on : 28.03.2022.
Signed on : 28.03.2022.
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.4. CH/S No. 1847/2019 in
L.C. Suit No. 681/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 28.03.2022 at 2.30 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
28.03.2022
Judgment /Order signed by P.O. on 28.03.2022
Judgment/Order uploaded on 29.03.2022
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