1 chs1225-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1225 OF 2010 IN SUIT NO.1894 OF 2010 Punam Co-operative Hsg. Soc. Ltd. ....Plaintiff V/s. Pratap I. Bhatia & Ors. ....Defendants Mr.K.T. Kukreja i/b Mr.M.B. Bhagat for the Plaintiff. Mr.Satish Shete i/b S. Mahomedbhai & Co. for Defendant Nos.6 and 7. CORAM : S.J. VAZIFDAR, J. DATE : 23RD AUGUST, 2011. P.C. :- 1. The suit is filed for possession inter-alia for a declaration that defendant No.6 is a trespasser in respect of the portion of the property and for possession. The plaintiff alleges that the disputed portion of the property belongs to the plaintiff society and therefore, could not have been sold by defendant Nos.1 to 5 to defendant No.6. 2. There are various allegations as to how the defendants trespassed upon the said plot of land. 3. The proposed amendment contains further particulars as to the manner in which the trespass has been committed. 2 chs1225-10 4. It is contended that the averments and submissions in the proposed amendment are dishonest and false. It is further contended that the proposed amendment seeks to take away an admission contained in paragraph 5(b) read with paragraph 9 read with the plaintiff’s advocate’s letter dated 21.7.2007. 5. The proposed amendment however, does not seek to delete any pleadings. If there is any inconsistency in the proceedings, it will always be open to the defendants to rely upon the same and to raise all other contentions as regards the veracity of the submissions made in the amendment. The amendment by itself will not offer a valid explanation to an admission that may have been made. The same, in any event, will have to be proved. 6. Further the basic cause of action which is for trespass at the particular time, remains the same. 7. In the circumstances, the chamber summons is made absolute in terms of prayer (a). Considering it is the second amendment, the plaintiff shall pay the costs of this chamber summons fixed at Rs.5000/- to defendant No.6 within four weeks from today. The amendment shall be carried out by 30.9.2011. However, the amendment shall not be carried out upto and including 15.9.2011. This is to enable the defendants to challenge this order.