Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 2308/19 in Suit No. 2940/18. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2308 OF 2019
(CNR NO. MHCC01-013407-2019)
IN
LONG CAUSE SUIT NO. 2940 OF 2018
(CNR NO. MHCC01-014081-2018)
Firoz Fakir Khan ...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai
and others ...Defendants
And
Gayatri Kiran Rajwal and another ...Applicants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 25th FEBRUARY, 2020.
Mr. Pratap Singh, Advocate for Plaintiff.
Mr. Rajan Yadav, Advocate for Defendants No.1 and 2 / MCGM.
Mr. Tanvir Shaikh, Advocate for Applicants / Defendants No.3 and 4.
ORDER
This is a chamber summons taken out by applicants Gayatri
Rajwal and Gauri Naik to implead them as defendants no.3 and 4 in
present suit.
2. Heard ld. Advocate Tanvir Shaikh for applicants at
sufficient length.
3. Perused reply affidavit of plaintiff. Ld. Advocate Pratap
Singh for plaintiff submits that it is a dispute between MCGM and
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Ch/s No. 2308/19 in Suit No. 2940/18. 2 Order.
plaintiff, there is no locus to the applicants as scope of the suit is very
limited to the extent of notice issued under Section 354A of MMC Act.
It is added that if building is demolished, how can applicants will claim
possession. According to applicants, they got right through their father
Digambar, therefore, they may go to the Small Causes Court for
appropriate relief. It is claimed to reject the chamber summons.
4. Ld. Advocate Rajan Yadav for MCGM submits that
appropriate order may be passed.
REASONS
5. Admittedly, the genesis of the present suit is notice issued
under Section 354A of MMC Act dated 23/10/2018. However, there is
a checkered history as some writ petitions came to be preferred between
original landlord and MCGM etc. to bring the condition of building on
record, with a request of original landlord Mr. Ashok Naik to demolish
the structure.
6. Detail reasons are recorded by this Court in order of Notice
of Motion No. 4292/2018. It appear from affidavit of Mr. Ashok Naik
before the Hon’ble High Court, as reproduced in order of Notice of
Motion No. 4292/2018, he requested to issue directions to the MCGM
to pull down the building as it was possessed by various tenants and it
was in dilapidated condition.
7. It is observed by this Court that presently there is a four-
storied structure erected over the suit property. Various photographs
from both side are filed on record. As per directions in W.P.No.
678/2019 dated 03/12/2019, it is directed by the Hon’ble High Court
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Ch/s No. 2308/19 in Suit No. 2940/18. 3 Order.
to decide chamber summons on merit, as expeditiously as possible.
There is tussle of interest between landlord and tenant. Admittedly,
civil suit is pending before the Small Causes Court. Original landlord
Mr. Ashok Naik has handed over the property to plaintiff being
developer. Obviously it appear that he took the step to hand over
property to the developer, who appear to be adopted a way to demolish
the structure and started erection of new building.
8. Obviously, various issues between original landlord and
tenants are beyond the knowledge of MCGM. Upon erection of new
building, plaintiff being developer, entered into the shoes of landlord.
Therefore, the presence of applicants is necessary for appropriate
adjudication of the suit. Resultantly, Chamber Summons No.
2308/2019 deserves to be allowed. Hence the order :
- ORDER -
1. Chamber Summons No. 2308/2019 is allowed. It is made
absolute in view of prayer clause (a) and (b).
2. Plaintiff to carry out the amendment within two weeks
from the date of uploading the order.
3. Applicants be made as defendants no.3 and 4.
4. Applicants / defendants no.3 and 4 are at liberty to file
written statement.
5. Ch/s No. 2308/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 25/02/2020. Mumbai.
1. Dictated on : 25/02/2020.
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Ch/s No. 2308/19 in Suit No. 2940/18. 4 Order.
2. Transcribed on : 26/02/2020.
3. Signed on : 27/02/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
27/02/2020. 5.42 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 25/02/2020.
Judgment/Order signed by P.O. on 27/02/2020.
Judgment/Order uploaded on 27/02/2020.
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