Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 2273/2019 in
L.C. Suit No. 2995/2019.
MHCC010131662019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2273 OF 2019.
IN
L.C. SUIT NO. 2995 OF 2019.
Mr. Saravanan Sankaran Nadar. ........................... …... Plaintiff.
V/s.
M.C.G.M. ….................................................…..... …... Defendant.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 08th April, 2022.
APPEARANCES :
Mr. Tariq A.A. Chaudhary, Ld. Advocate for the Plaintiff.
Mr. Sunil C. Khandagale, Ld. Advocate for the Defendant.
*****
01. The plaintiff has taken out this Chamber Summons (for
short ‘Ch/s.’), U/O. VI Rule 17 of the Civil Procedure Code, 1908, for
amendment in the plaint. Perused the Ch/s., accompanying affidavit of
the plaintiff, and say of the defendant. Heard both the sides.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the proposed amendment is
necessary for deciding the real question
in controversy between the parties ?..... ..... Yes.
(ii). What Order ? .............…....................... …. As per final Order.
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.2. CH/S No. 2273/2019 in
L.C. Suit No. 2995/2019.
REASONS FOR FINDINGS
AS TO POINT NO. 1 :
03. By filing this Ch/s., the plaintiff’s only worry is to bring on
record that during pendency of the suit, on 20.11.2019, the defendant
passed the Speaking Order. By this order, he is informed that the suit
structure, mentioned in the notice of dtd.15.11.2019, was unauthorized
and he is directed to remove the same within 24 hours. The plaintiff
submitted that the suit structure is in existence prior to the year 1980
and he did not erect/construct any addition to this structure. However,
on the complaints of some interested persons, the defendant issued this
notice. Moreover, the Speaking Order is passed mechanically. It is
incorrect and therefore, the provisions of Section 354-A of the MMC Act
are not applicable to the present suit. In the circumstances, by way of
the Ch/s., the plaintiff wanted to incorporate the said facts in plaint,
with an additional relief of declaration that the said Order is illegal.
04. Having considered the rival stands, at the outset, it is worth
to be noted that by filing this suit, initially, the plaintiff prayed for relief
of declaration that the notice dtd 15.11.2019, received on 16.11.2019,
issued U/s.354-A of the MMC Act, is bad in law. Consequently, he also
prayed for a relief of perpetual injunction against the defendant. Now, it
appears that during pendency of this suit, the Order dtd. 20.11.2019 is
passed, and the plaintiff wants to incorporate the same in the plaint.
Certainly, this is an event occurred subsequent to the filing of this suit
and therefore, it needs to be incorporated in the plaint. That apart, the
proposed amendment is formal. It would not change the basic fabric of
suit. Nor, it would cause any harm even to the defendant. Contrarily, it
would facilitate this Court to decide the suit issues finally. In the result, I
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.3. CH/S No. 2273/2019 in
L.C. Suit No. 2995/2019.
answered point No. 1 in the affirmative and in answer to point No. 2, I
pass the following Order :
-: O R D E R :-
(i). Chamber Summons No.2273/2019 is made absolute
in terms of prayer Clause (a) and (b) only.
(ii). The plaintiff is directed to carry out the necessary
amendment in the body of the plaint, positively
within two weeks from the passing of this Order.
(iii). Costs to follow the event.
(iv). Chamber Summons No.2273/2019, accordingly,
stands disposed off.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 08.04.2022. City Civil Court, Mumbai.
Dictated on : 08.04.2022.
Transcribed on : 08.04.2022.
Signed on : 08.04.2022.
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.4. CH/S No. 2273/2019 in
L.C. Suit No. 2995/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 08.04.2022. at 1.45 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
08.04.2022.
Judgment /Order signed by P.O. on 08.04.2022.
Judgment/Order uploaded on 08.04.2022.
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