Final Order 1

Order Details: Chamber summons
Pdf Text: Date
11.01.2024
02
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
SU
6326/2006
NM
2343/2016
CS
2190/2019
Adv. S. M. Seegarla present for plaintiff.
None present for defendants.
Order in Chamber summons No. 2190/2019
Perused Chamber summons, affidavit in support thereof,
affidavit in reply and affidavit in rejoinder of plaintiffs.
Heard, Ld. Counsel for plaintiffs. Plaintiffs desire to amend
suit for declaration of their ownership over the suit property along
with structure standing thereon and for that purpose plaintiffs bank
upon the principle of adverse possession. Plaintiffs contend that they
and before them their father are in continuous possession of suit
property for more than twelve years. Plaintiffs submit that after
demise of their father on 28.03.2018 they paid taxes. Plaintiffs
want to bring that fact on record. Plaintiff also want to bring on
record that their father regularly paid municipal taxes and other
taxes to authorities with reference to suit property. After demise of
their father also they are paying taxes regularly.
I have given thoughtful consideration to submissions of ld.
Counsel of plaintiff. Plaintiffs based their plaint on doctrine of
adverse possession. For this purpose the only relevant fact is
plaintiffs adverse / hostile possession over the suit property before
filing of suit. Payment of taxes after filing of suit is irrelevant of
decision of the case. In this matter issues were framed in October
2015. Since then suit is lying for evidence of plaintiff but instead of
proceeding with the case plaintiff is consuming time in attempting
to bring irrelevant facts on record. As per amended provision of rule
17 of Order 6, there cannot be an amendment after commencement
of trial, unless the fact which applicant attempts to bring on record
was not within knowledge of applicant or applicant was prevented
by unavoidable circumstances from amending his suit before
framing of issues. In this case fact that plaintiffs father was
regularly paying taxes was within knowledge of plaintiffs. Payment
of taxes after filing of suit is irrelevant therefore, this Chamber
summons cannot be allowed. Accordingly I pass following order.
1. Chamber Summons No. 2190/2019 is rejected.
Matter adjourned for R/E to 20.02.2024.
L.O. at 03.50
Adv. R. R. Pawar h/f Adv. P. G. Lad present for def/MHADA.
Matter adjourned for R/E to 20.02.2027.
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Judge
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