Allowed

Mugwort Land v. Phoenix Tower Co. Operative Housing Society Limited and 11 Ors.

Bombay HC1 Apr 2019CHS/348/2019

Case brief

AI extract

What is this about?

The Court made a Chamber Summons for amendment of a Counter Claim absolute. The amendment seeks a declaration that the plaintiff is not entitled to a portion of suit land. Further amendment is barred; the original plaintiff's motion under Order VII Rule 11 CPC for rejection is listed for disposal.

What did the court decide?

Amendment to the Counter Claim to add a prayer for declaration is permitted without reverification, provided no further amendment is sought.

Mugwort Land Vs Phoenix Tower Co. Operative Housing… — Property and Title | Bombay HC (2019)

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42-CHS348-19.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 348 OF 2019

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IN

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COUNTER CLAIM NO. 20 OF 2015

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IN

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SUIT NO. 2823 OF 2006

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Mugwort Land Holdings Private Limited…Applicant/
Plaintiffs to the
Counter Claim

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Versus
Phoenix Tower Cooperative Housing Society Ltd…Defendants
& Ors

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WITH

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NOTICE OF MOTION NO. 1979 OF 2016

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IN

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COUNTER CLAIM NO. 20 OF 2015

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IN

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SUIT NO. 2823 OF 2006

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Mr Girish S Godbole, with Ms Rujuta Patil and Ms Niyathi Kalra,
i/b Negandhi, Shah & Himayatullah, for the Applicant in
Chamber Summons No.348 of 2019, Original Defendant No.7 in
Suit No. 2823 of 2006 and the Plaintiffs in Counter Claim No.
20 of 2015.

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Page 1 of 3
1st April 2019

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42-CHS348-19.DOC

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Mr DV Deoky, with Mr Pinakin Modi, i/b M/s Parimal K Shroff &
Co, for Defendants Nos. 7 and 8 in Notice of Motion No. 1979 of
2016.

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Mr Sharan Jagtiani, with Ms B Dave, Mr Ragav Gupta and Mr A
Gandhi, i/b Wadia Ghandy & Co, for the Original Plaintiffs in
Notice of Motion No. 1979 of 2016.

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CORAM:G.S. PATEL, J
DATED:1st April 2019

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PC:-

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1.The Chamber Summons is not on board. By consent, it is
taken up.

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2.The Chamber Summons is by the 7th Defendant to the suit,
Mugwort Land Holdings Private Limited, seeking to amend its
Counter Claim. On 13th December 2018, I held that the Counter
Claim, as it then stood, would not lie as a counter claim because it
sought no relief against the Plaintiff but only against the fellow
defendants. The correct course of action was to file a Third Party
Notice under the Bombay High Court (Original Side) Rules. I did
say that if the parties had not settled by 16th January 2019, the
Counter Claim would stand dismissed as withdrawn.

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3.The Chamber Summons seeks to add a single prayer a(i) to
the Counter Claim, for a declaration that the original Plaintiff to the
Suit is not entitled to the portion of land admeasuring approximately
2153.5 sq mtrs of the suit property.

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Page 2 of 3
1st April 2019

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42-CHS348-19.DOC

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4.This Chamber Summons is made absolute in terms of the
schedule. The amendment to the Counter Claim is to be carried out
tomorrow, 2nd April 2019 without need of reverification. No
further amendment to the Counter Claim is now going to be
permitted.

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5.The original Plaintiffs’ Notice of Motion No. 1979 of 2016
under Order VII Rule 11 of the Code of Civil Procedure 1908 for
rejection of the Counter Claim will be taken up for hearing and final
disposal on 5th April 2019.

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6.It is clarified that this order permitting the amendment is not
to be read as a direction that the amendment relates back to the date
of the institution of the Counter Claim. All contentions in that
behalf, include limitation, are left open.

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7.List the Motion on 5th April 2019, at the end of the
supplementary board.

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(G. S. PATEL, J)

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Page 3 of 3
1st April 2019

Mugwort Land v. Phoenix Tower Co. Operative Housing Society Limited and 11 Ors.

Case brief

What is this about?

What did the court decide?

Mugwort Land v. Phoenix Tower Co. Operative Housing Society Limited and 11 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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