Mr. Shriram Ramlakhan YadavVsMr. Lalta Prasad Ramlakhan Yadav +1 more

Date: 06-12-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
Adv. for plff. tendered registered Ch/sum No.2147/18 alongwith supporting affd.  t.o.r.
On request of Adv. for deft. Matter is adjd. to. 07.02.2019 for reply to Ch/sum No. 2147/18 and reply on N/M No. 2219/18.
Next Purpose: C/S REPLY
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
As the deft is absent and has failed to file reply to Ch/sum, the Ch/sum shall proceed without reply of the deft.
Matter is adjd. to. 05.04.2019 for hearing on Ch/sum No.2147/18 and for report of service of Ch/sum on the respondents and reply to N/M No.2219/18
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Plff. in person present.
deft. and his adv. absent.
On request of plff. Matter is adjd. to. 26.06.2019 for hearing on Ch/sum No.2147/18.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Defendant no.1 present.
Court is busy in hearing arguments in respect of Exh.73 in suit no.320/73 and hearing Notice of Motion in suit stamp no.5879/19, hence case is adjourned to 16/09/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Advocate Shivani Kunder for Plaintiff present
Advocate Mr. Rupesh Bhalshankar for Defendant present and filed registered Notice of Motion no.4791/2019 with affidavit in support, t.o.r.
Case is adjourned to 09/03/2020 for Chamber Summons reply and NM reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Advocate Shivani Kunder for Plaintiff present and sought time to file reply to NM taken out by Defendant.
Advocate Rupesh Bhalshankar @ Defendants present and submitted that he will file reply on Chamber Summons itself.
                     ORDER ON CHS NO.2147 OF 2018
This Chamber Summons is taken out by Plaintiff for amendment in the plaint to implead commissioner of BMC as Defendant no.2 in this suit and for claiming permanent as well as temporary injunction against proposed Defendant no.2 along with consequential amendments.
Plaintiff has filed affidavit in support of Notice of Motion contending that at the instance of Defendant, officers of \''M\'' ward of BMC visited suit premises on 03/03/2018 and to dispossess Plaintiff from it as it is in dilapidated  condition, unsafe for staying. It is pointed out that earlier also BMC was impleaded as Defendant in this suit however advocate of BMC submitted before the court that no demolition notice was issued by BMC against Plaintiff therefore Plaintiff has deleted Defendant no.2 from the suit. Thereafter, officers of BMC issued notice dated 19/05/2018 to Plaintiff, hence according to Plaintiff BMC is necessary party to this suit.
Defendant has resisted Chamber Summons by filing reply contending that false contentions are raised in Chamber Summons and Plaintiff is intending to amend the suit for fresh cause of action against BMC. Previously Plaintiff had deleted BMC  from this suit.
Heard Plaintiff\''s advocate and Defendant\''s advocate.  If really any notice dated 19/05/2018 would have been issued by BMC against Plaintiff u/s 351 of BMC Act, it was expected that Plaintiff immediately should have challenged said notice by filing the suit before BMC  court which is specially established for entertaining the disputes which arise due to issuance of various notices by  BMC.  Any how, this court being special court for senior citizen and this court not being the court for entertaining the suit against BMC, I find that BMC can not be impleaded as party to this suit. Further, the notice dated 19/05/2018 is not related to the cause of action of  this suit and as already observed, Plaintiff will have to file separate suit for challenging said notice and said suit will have to be filed in BMC court.  For all above reasons, I find that when once Plaintiff has deleted ed BMC from this suit again for fresh notice issued by BMC, said authority can not be impleaded in this suit and Plaintiff may file separate suit challenging s aid notice however it is made clear that said suit will be subject to law of limitation. Hence, I proceed to pass following order-
                                     ORDER
Chamber Summons no.2147 of 2018 stands disposed off/dismissed.
Case is adjourned to 08/04/2020 for NM reply.
Nature Of Disposal: DISMISSED
Disposal Date: 09-03-2020

Main Case No: SUIT/0101222/2018
Main Cnr: MHCC010046922018
Main Filing No: 111447

Registration Number: 102147/2018
Transfer Date: 03-06-2019
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 115574/2018
Filing Date: 28-11-2018
First Hearing Date: 06th December 2018
Decision Date: 09th March 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE