Final Order 1

Order Details: Chamber summons
Pdf Text: Order in Chamber Summons 1
No. 1883 of 2019
MHCC010106542019
IN THE BOMBAY CITY CIVIL COURT FOR
GREATER MUMBAI
CHAMBER SUMMONS NO.1883 of 2019.
IN
S. C. SUIT NO.4700 of 2009.
Madhukar Ramchandra Keni Karta. ...Applicant/
Plaintiff.
In the matter of :-
Madhukar Ramchandra Keni Karta. ..Plaintiff
V/s.
1. Shree Nityanand Ashram Trust and Ors. ..Defendants.
Appearances :-
Adv. Babu i/b Adv. G.S.Bhat for plaintiff.
Adv. Ansari i/b Adv. Mishra for defendant.
Coram : Shri.U. C. Deshmukh.
C.R. No.: 59.
Date : 23/06/2023
ORAL ORDER
This Chamber Summons is moved by the plaintiff to add
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No. 1883 of 2019
proposed defendant Nos. 5 to 9.
2. The contention of the plaintiff that during the pendency of
the suit, defendant No.2 has died. There is trust of defendant. After
death of defendant No.2 there is change in the name of the trustees of
the defendant. Accordingly, change report is filed before concern office
of public trust. She filed Schedule-III of Register of Public Trusts
wherein all proposed defendants are mentioned. It is contention of the
plaintiff that the suit is filed for eviction of suit premises. Therefore,
proposed defendants, who are new trustees of the trust of the
defendants are necessary party. Hence, this Chamber Summons.
3. Defendants have filed reply and resisted the Chamber
Summons on the ground that Chamber Summons is not maintainable as
the plaintiff is not obtained sanction under section 50 of Bombay Public
Trust Act. It is also their contention that there are several heirs of
deceased Madhukar Keni hence, the suit is not maintainable against the
one co-owner. Hence, prayed to reject the Notice of Motion.
4. Ld. advocate for plaintiff argued that defendant are sued in
the capacity of trust and not in their personal capacity. They admits
there is 56 days of delay to move the Chamber Summons. Therefore,
prayed to allow the Chamber Summons on the reasonable costs. On the
contrary, it is contention of the Ld. advocate for the defendant that
heavy costs imposed upon the plaintiff as he failed to move this
Chamber Summons within a time.
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No. 1883 of 2019
5. It is specific contention of the defendants that change the
report annexed and marked at Exh. A alongwith Chamber Summons.
Hence, plaintiff cannot say that he was not aware about the names of
proposed defendants. There is no dispute that proposed defendants are
trustees of the trust which is defendant. It is also not in dispute that
there is change in the name of the trustees. The defendant agitate that
the plaintiff failed to move Chamber Summons within prescribed period
of limitation. It is necessary to note that the change report is not a
document known to any person. The suit is filed for recovery of the
possession of the immovable property. The plaintiff is claiming the title
and ownership of the property. In such circumstances, to avoid further
round of litigating, it is just and proper to permit the plaintiff to add
proposed defendants as a party to the suit. Considering the delay to file
this Chamber Summons, costs of Rs.2,000/- needs to be imposed to
meet end of justice. Defendants are trustees and it is contention of the
plaintiff are they have made encroachment over the suit property. In
such circumstances, it is just and proper to deposit the costs of
Rs.2000/- to DLSA. Accordingly, following order is passed :
ORDER
1. Chamber Summons no. 1883 of 2019 is allowed in terms of
prayer clause (a) and (b) by depositing an amount of Rs. 2,000/-
(Rs. Two Thousand Only) to DLSA.
2. The plaintiff shall carry out amendment within 14 days from
the date of this order.
3. On payment of aforesaid costs, the plaintiff shall submit the
copy of amended plaint on or before next date.
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No. 1883 of 2019
4. Chamber Summons No. 1883 of 2019 is disposed off
accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:23.06.2023 Greater Bombay (CR 59)
Declared on : 23.06.2023
Dictated on : 23.06.2023
Transcribed on : 05.07.2023
Checked on : 05.07.2023
Signed on : 07.07.2023
ERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.07.2023 at 06.05 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 23.06.2023
Order signed by P.O. on 07.07.2023
order uploaded on 07.07.2023
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