Order 1

Order Details: Chamber summons
Pdf Text: Draft Ch/s in Suit No. 2722/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT CHAMBER SUMMONS
IN
LONG CAUSE SUIT NO. 2722 OF 2019
(CNR NO. MHCC010105582019)
Parabdin Jawahar Kalwar ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 9th DECEMBER, 2019.
Mr. V.C.Rele, Advocate for Plaintiff.
Ms. Chavan, Advocate for Defendant MCGM.
ORDER
Heard ld. advocate Rele for plaintiff at sufficient length. It
is contended that in view of order of this Court, speaking order came to
be passed by the MCGM on 25/11/2019. According to plaintiff, various
documents submitted by plaintiff are not properly considered by the
designated officer of the MCGM. It is requested that impugned
speaking order dated 25/11/2019 is essential to be part and parcel of
present suit. It is claimed for amendment under Order 6, Rule 17 of the
C.P.C.
2. Perused reply submitted by MCGM.
-- 1 of 3 --
Draft Ch/s in Suit No. 2722/19. 2 Order.
3. Ld. advocate Chavan for MCGM submits that in view of
response to the order passed by this Court, speaking order came to be
issued by the designated officer. Therefore, there will be no question of
amendment and addition of pleading.
4. Advocate Chavan submits that the suit is relating to road
widening of L.B.S. Road. On the other hand, the order issued by MCGM
can be read out by the Court. It is concluded that appropriate order
may be passed.
5. According to plaintiff, initial litigation was filed by his
father i.e. L.C.Suit No. 1232/1991, which came to be decreed without
written statement of MCGM. It is contended that there are two
structures i.e. 264 and 265. Defendant must demarcate what is the
exact nature of the suit property. There is no doubt that prayed
amendment will not change the nature of the suit. The impugned order
dated 25/11/2019 has to read to adjudicate fact in issue. Resultantly,
chamber summons deserves to be allowed. Hence the order :
ORDER
1. Draft Chamber Summons in Suit No. 2722/2019 is
allowed.
2. Plaintiff to carry out the amendment as prayed, no order of
costs. Plaintiff to carry out amendment within four days.
3. Plaintiff to submit copy of Exh.1 in L.C.Suit No.
1232/1991, as possible on next date.
4. Draft Ch/s is disposed off accordingly.
5. Chamber summons be registered for statistical purpose.
[Note : At the request of both side, posted for arguments
-- 2 of 3 --
Draft Ch/s in Suit No. 2722/19. 3 Order.
on adinterim relief on 16/12/2019 at 12.15 p.m.]
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 09/12/2019. Mumbai.
1. Dictated on : 09/12/2019.
2. Transcribed on : 10/12/2019.
3. Signed on : 10/12/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/12/2019. 11.36 a.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 09/12/2019.
Judgment/Order signed by P.O. on 10/12/2019.
Judgment/Order uploaded on 11/12/2019.
-- 3 of 3 --