Final Order 2

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IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101988/2019
Cyrilla G. Reveredo Vs Ms Nimesh Enterprieses Builders and Ors.
Date : 10-08-2026
Business : Advocate Poonam Kotkar for plaintiff is present. Advocate
Mr. Kudalkar for defendant is present. Kept back Later on at
5.30 P.M. Advocate Aditya Rage h.f. Kudalkar for defendant
no. 1 is present. This is C/S for amendment by way of
insertion of paragraphs 20A to 20D and addition of prayer
clause b for mesne profits in the amount of Rs.2.00 Cr. and
with another prayer clause bb for declaration that suit
agreement dated 15.07.1987 be cancelled and for restraining
defendants in perpetuity. The C/S seeks to add proposed
defendant no. 6. None for applicant / plaintiff. Perused the
application, reply. Heard advocate for defendant. The addition
of proposed defendant no. 6 is without any reason. Nothing is
mentioned in justification thereof. Hence, the amendment is
unjustified. The addition of relief of mesne profits in the
amount of Rs.2.00 Cr. and the incidental pleadings by way of
paragraphs 20A to 20D are irrelevant to the cause of action
for the suit for specific performance of contract for
development, in pursuance of which, defendants are put in
possession, which cannot be said to be wrongful possession
for attracting validity of claim to mesne profits defined u/S.
2(12) of C.P.C., which cannot be claimed without there being
pleading in the suit that defendant is in wrongful possession.
Hence these additions of the proposed paragraphs 20A to 20D
and addition of prayer clause b completely displace the
original cause of action. Addition relief of mesne profits is
inconsistent with the main relief of specific performance of
contract. The addition of prayer clause bb for declaration that,
suit agreement dated 15.07.1987 be cancelled has become
time barred. For the aforesaid reasons the amendments
proposed by way of C/S cannot be allowed. ORDER C/S is
dismissed. Post for final argument Matter adjourned to
07.07.2026 for arguments.
Nature of Disposal : DISMISSED
Disposal Date : 10-08-2026
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COURT 02 ADDL SESSIONS JUDGE
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