Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010130172019
Presented on : 11-12-2019
Registered on : 11-12-2019
Decided on : 10-03-2026
Duration : 06 Y, 02 M, 30 D
IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY
CHAMBER SUMMONS No.2246 OF 2019
IN
L.C. SUIT No.2196 OF 2016
Mrs. Habiba Anwar Patel & Ors. ) .. Plaintiffs
V/s.
The Municipal Corporation of Greater
Bombay and Anr.
)
) .. Defendants
Appearance :
Ld. Adv. A.R. Pande a/w Shobhit Shukla for plaintiffs.
Ld. Adv. V.G. Shinde for defendants/MCGM.
CORAM : HIS HONOUR ADDL. SESSIONS
JUDGE R. S. ARADHYE
CITY CIVIL COURT, GR.
BOMBAY (C.R. No.05)
DATE : 10/03/2026.
O R A L O R D E R
. Plaintiffs have taken this chamber summons seeking
thereby amendment in the plaint on the ground of receipt of some
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documents from the landlord Trust showing the authorization of the
notice structure/suit premises. I have gone through the affidavit in
support of the chamber summons filed by plaintiff No.4 and say of
defendants/MCGM filed below the chamber summons itself.
2. Heard both the sides.
3. It is the contention of plaintiffs that along with the suit they
have taken out Notice of Motion No.3668/2016 for restraining the
defendants/MCGM from taking any further action against the notice
structure/suit premises. However, by considering the averments and
respective contentions of both the sides this Court has dismissed the
notice of motion with findings that there is no such averments in the
plaint as to the sanction obtained from the Corporation. After passing of
dismissal order in notice of motion as per the plaintiffs they have
approached the landlord i.e. the representatives of Noorani Charitable
Trust and they furnished some documents to them which shows the
authorization of the suit building including notice structure/suit
premises. The copy of said sanctioned plan clearly indicates that the
building is authorised and legally constructed. It is therefore, contented
by the plaintiffs that taking into consideration the subsequent
development plaint require to be amended and for that purpose the
present chamber summons be made absolute as per the prayer clause
therein.
4. On behalf of defendants/MCGM objection is taken that the
issues are already framed, so in support of their case plaintiffs have an
opportunity to furnish the documentary evidence which they received
from the respective landlord Charitable Trust and this is not the stage to
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allow the amendment, when the trial is commenced. With this
defendants/MCGM have asked for the dismissal of chamber summons
with costs.
5. I have gone through the record from which it appears that
on 13/11/2019 the Predecessor of this Court has dismissed the Notice
of Motion No.3668/2016 and thereafter on 17/10/2020 issues are
framed below Exh.8. It is obligatory on the part of plaintiffs that to
prove the alleged action of defendants/MCGM is unlawful and they are
entitled for the relief of the declaration and injunction as prayed. No
doubt, evidence is not started. But as per the averment made in the
chamber summons plaintiffs got some important documents from the
landlord/Charitable Trust about authorization or legality of the
unauthorized construction, so I think there is no need of amendment in
the plaint and when the evidence will start, plaintiffs can submit the
additional documents in support of their contentions. Thus, for the
aforesaid reasons, I find that chamber summons is liable to be
dismissed, so accordingly in the result following order is passed.
ORDER
Chamber Summons No.2246/2019 is hereby dismissed and
stands disposed of accordingly.
(Pronounced in open Court)
Date : 10/03/2026. (R. S. Aradhye)
Judge, City Civil Court,
Gr. Bombay (CR.5)
Dictated on : 10/03/2026
Transcribed on : 10/03/2026
Checked on : 10/03/2026
Signed on : 11/03/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12/03/2026 01.52 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge H.H.J. Shri. R.S. Aradhye
(C.R. No.5)
Date of Pronouncement of
Judgment/Order.
10/03/2026
Judgment/order signed by P.O on 11/03/2026
Judgment/order uploaded on 12/03/2026
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