Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100081/2019
Haresh Keshav Samant - Applicant - Narayan Moreshwar Samant Vs Ms Bhandup Estate
Date : 02-09-2024
Business : Adv. Priyank Shukla for Plaintiff present. Adv. Prathamehs
Ayare h/f Adv. Vivek Kokade for defendant present. Order
below Chamber Summons No. 81 of 2019. The Chamber
Summons filed by applicant for addition of applicant as
plaintiff no. 2 and also seeking correction in the Survey
number, CTS number and area as per the schedule and also
seeking consequential amendment. It is submitted that, the
father of the plaintiff has executed the Will and letter of
administration was also issued in the favour of the applicant.
Therefore, he is seeking addition of himself in the array of the
plaint. It is also submitted that due to over site Survey number,
CTS number and area are wrongly mentioned in the plaint.
Hence this Chamber Summons. The defendants has given
objected the Chamber Summons on the ground that, the
Chamber Summons is not maintainable and it is barred by law
as the applicant is well aware about the pendency of the suit.
By way of this amendment the description of property will be
changed which also can change the nature of the suit. Heard
both sides. The proposed amendment nowhere changes the
nature of the suit. The letter of administration is granted in the
favour of the applicant. Hence, in the interest of the justice, the
present Chamber Summons needs to be allowed. ORDER 1.
The Chamber Summons. No. 81 of 2019 is hereby allowed in
terms of prayer clause (a) and (b). 2. The plaintiff is directed to
carry out the amendment as per schedule within stipulated
period. 3. Copy of amended plaint be supplied to other side. 4.
No order as to costs. 5. The Chamber Summons. No. 81 of
2019 is disposed of accordingly. Matter stands adjourned on
18-09-2024 for compliance.
Nature of Disposal : ALLOWED
Disposal Date : 02-09-2024
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