Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100079/2019
Sulochana Kirtikumar Shah Vs Narendra Maganlal Shah and Ors.
Date : 08-01-2021
Business : Adv. Yogesh Kataria for plaintiff present. Adv. Priyanka
Gaonkar for State of Maharashtra defendant no. 4 and 5
present. F.R.S.R. following order on Ch/s No. 79/2019 is
passed - Order Perused Ch/s and written notes of arguments
filed by plaintiff and heard plaintiff&amp#039s Ld.
advocate at length. Defendant no. 1 has filed reply to the
same and objected the Ch/s on the ground of delay. By
instant Ch/s the plaintiff seeks addition of Joint District
Registrar C1-2(Rec) as defendant no. 4 in the suit. In
paragraph no. 7 of the Ch/s it is mentioned that the
proposed defendant no. 4, without holding any inquiry as
required under the Registration Act and without notice to
the plaintiff, permitted defendant no. 1 to pay further stamp
duty on a copy of gift deed (without verifying the original)
in order to register the gift deed on the strength of some
indemnity bond. From this it is clear that there are
allegations against the said authority. Moreover, in the order
dtd. 14.03.2017 in writ petition no. 10235/2015 liberty is
granted to the plaintiff to amend the suit or file a fresh suit
challenging registration of the gift deed. The application for
the amendment by instant Ch/s is filed thereafter within
limitation of three years. Therefore Ch/s is granted. Joint
District Registrar C1-2(Rec) is added as defendant no. 4 in
the suit by permitting the amendment as per schedule
annexed to the Ch/s and permitting the plaintiff to add the
documents as per prayer clause (d). The plaintiff shall carry
out necessary amendment within 14 days from today. Since
officer of the State Government is made defendant no. 4 in
the suit, the matter will have to be assigned to
Hon&amp#039ble Judge dealing with Civil suits
against Government of Maharashtra. Therefore, it is
requested to reassign the matter to the said Court. Adjd to
22.01.2021 for compliance.
Nature of Disposal : ALLOWED
Disposal Date : 08-01-2021
COURT 4 ADDL SESSIONS JUDGE
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