Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum. no.51 of 2020, in Suit no.204 of 1990
(High Ct. No. 3686 of 1990)
MHCC010004142020
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
CHAMBER SUMMONS NO. 51 OF 2020
IN
SUIT NO. 204 of 1990
IN
(HIGH COURT SUIT NO. 3686 OF 1990)
Rakhi Asandas Techwani and Ors. ...Plaintiffs
Vs.
M/s. Mahesh Associates & Ors. ...Defendants.
A N D
Anand Mohan Sabhapati Pandey … Applicant
CORAM: HIS HONOUR JUDGE
SHRI VIRENDRA D. KEDAR
(COURT ROOM NO.01)
DATE : 12th DAY OF SEPTEMBER, 2023
-: Appearances: -
The learned Adv. S.P. Pandey for applicant
ORAL ORDER
The applicant has taken out present chamber summons for
joining him as a party defendant to the suit.
2. In short, it is contention of the applicant that, plaintiffs
have filed suit for specific performance of contract, declaration and
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2 Ch/sum. no.51 of 2020, in Suit no.204 of 1990
(High Ct. No. 3686 of 1990)
permanent injunction. The suit building Mangal Mahesh Baug Co-
operative Housing Society Ltd consists of 44 flats. Defendant no. 32
society has formed by 31 flat purchasers. Defendants no. 1 and 2 are the
promoters and builders who entered into an agreement for sale with the
flat purchasers. As defendants no. 1 and 2 failed to performed their part
of contract, hence flat purchasers have filed the suit.
3. It is contended that, the plaintiff no.4 Mrs. Vandana
Jaikisan Lakhani is a bonafide purchaser in respect of flat no. 206 in the
suit building. She has entered into a registered agreement for sale
dated 12/01/1989 with defendant no.1. The applicant is a bonafide
purchaser of flat no.206 executed in between the applicant and plaintiff
no.4 on 27/06/2007. The plaintiff no.4 also executed irrevocable Power
of Attorney in her favour. The applicant also put in vacant and peaceful
possession of flat no. 206. Now the applicant being necessary and
proper party, needs to be joined as a party to the suit. Therefore, the
present chamber summons.
4. In spite of giving an opportunity to the plaintiffs, the
plaintiffs failed to file their reply, hence matter proceeded without reply
of plaintiffs.
5. Heard the learned advocate for the applicant. Perused the
record.
6. In short, it is contention of the applicant that he has
purchased flat no. 206 from plaintiff no.4. He was also put in vacant
and peaceful possession of suit flat. Therefore, he being necessary party
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3 Ch/sum. no.51 of 2020, in Suit no.204 of 1990
(High Ct. No. 3686 of 1990)
needs to be joined as a party defendant to the suit.
7. The applicant has filed copy of agreement of sale dated
27/06/2007 along with receipt of Rs.7,00,000/- on record. He also
filed the copy of letter issued by plaintiff no.4 in his favour. Now, prima
facie, it reveals that the applicant entered into an agreement to
purchase flat no.206 for valuable consideration. It further reveals that
the applicant is in possession of flat no.206. Therefore, the applicant
being necessary party needs to be joined as a party defendant to the
suit. Hence, the applicant has made out case for allowing the chamber
summons. Hence the following order:
ORDER
Chamber Summons No. 51 of 2020 stands allowed and
made absolute in terms of prayer clause (a).
Plaintiffs to carry out amendment within 14 days from the
date of order.
After amendment the copy of plaint be supplied to the
newly added applicant.
Chamber summons stands disposed off accordingly.
(Virendra D. Kedar)
Judge, City Civil & Sessions
Court, Gr. Mumbai
Date:12.09.2023 (C.R. No.1)
Dictated on : 12.09.2023
Transcribed on : 14.09.2023
Checked & Signed on : 15.09.2023
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4 Ch/sum. no.51 of 2020, in Suit no.204 of 1990
(High Ct. No. 3686 of 1990)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE 15.09.2023 NAME OF STENOGRAPHER(G-I)
Mrs V. V. Mhatre
TIME:
Name of the Judge (With Court room no.) HHJ Shri Virendra D. Kedar
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 12.09.2023
JUDGMENT/ORDER signed by P.O. on 15.09.2023
JUDGEMENT/ORDER uploaded on 15.09.2023
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