Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1..
MHCC010004232020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.53 OF 2020
IN
SUIT NO.3167 OF 2013
Shaikh Shafi Ahmed S/o Mushtaq Ahmed. ...Plaintiff.
Versus.
Mohammed Saeed Hanif Qureshi. ...Defendant.
Appearance:
Adv. Nargis P. M. Khan for defendant.
Adv. S.A. Shaikh for plaintiff.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 2nd February, 2023.
ORAL ORDER
This chamber summons is taken out by the defendant requesting
to implead Safiya Begum Abdul Karim Qureshi and Abdul Razzak
Gafoor Qureshi @ Salim as party defendants in the suit. It is the case of
defendant that the landlord had sold suit premises illegally in favour of
plaintiff, knowingly the rights of defendant in the suit room. It is further
alleged that there is dispute between the plaintiff and defendant and
land lord in respect of suit room.
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ORDER ..2..
2. The plaintiff has filed reply to the chamber summons and
contended that proposed defendants are not necessary party. Plaintiff do
not want to claim any relief against the proposed defendants and lastly
requested to reject chamber summons.
3. Heard advocate for plaintiff and perused written notes of
arguments filed on behalf of defendant. The plaintiff suit is for decree of
injunction restraining the defendant from evicting him from the suit
room. The plaintiff has not claimed any relief against the proposed
defendant nor any allegations are made against the proposed
defendant. From the averments in the plaint it is seen that plaintiff has
no cause of action against the proposed defendants. The plaintiff is the
master of suit. Hence plaintiff cannot be compelled to add or implead
any third party to the suit nor plaintiff can be compelled to seek relief
against the proposed defendants. If defendant is having any dispute as
regards suit room with proposed defendants, he can proceed against
them in accordance with law. There is no merit in the chamber
summons. The proposed defendants are not necessary party. Hence
following order is passed .
ORDER
Chamber summons no. 53 of 2020 is hereby rejected with no
order as to costs.
(R.R. Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 02.02.2023
Typed on : 02.02.2023
HHJ signed on : 02.02.2023
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ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 02.02.2023, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R. Patare.
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
02.02.2023
JUDGMENT/ORDER signed by P.O.
on
02.02.2023
JUDGMENT/ORDER uploaded on 02.02.2023
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