Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 74/20 @ Ch.s 519/17 in Suit 7273/96
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 74 OF 2020
IN
SUIT NO. 7273 OF 1996
(HIGH COURT SUIT NO. 66 OF 1996)
CNR NO. : MHCC010005802020
Arun Gopinath Vadhavkar …. Plaintiff
Versus
Vishnu Narayan Vadhavkar (since deceased)
1(a) Prabha Vishnu Vadhavkar & Ors. ….Defendants
And
Jitendra Ramnath Shenoy … Respondent
(Proposed defendant no. 4)
ALONGWITH
CHAMBER SUMMONS NO. 519 OF 2017
IN
SUIT NO. 7273 OF 1996
(HIGH COURT SUIT NO. 66 OF 1996)
CNR NO. : MHCC010030032017
Jitendra Ramnath Shenoy …. Applicant
Versus
Arun Gopinath Vadhavkar ….Respondent no. 1
(Org. Plaintiff)
Prabha Vishnu Vadhavkar & Ors. … Respondents
(Original defendants)
Appearance:
Shri. S.D. Mogre, Advocate for the plaintiff.
Shri. Mohan Katavkar, Advocate for defendant.
CORAM : SMT. S.S. NAGUR,
JUDGE, (C.R.NO.04)
DATE : 25.11.2021
ORAL ORDER
(Dictated in open Court)
Both the Chamber Summons are on similar issue to add
Jitendra Shenoy. In Chamber Summons No. 519 of 2017, the applicant
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2 Order in Ch/s 74/20 @ Ch.s 519/17 in Suit 7273/96
Jitendra Shenoy filed it to add him as party defendant in the suit and
the Chamber Summons No. 74 of 2020 is filed by the plaintiff to add
Jitendra Shenoy as defendant no. 4. Hence, both Chamber Summons
are decided by common order.
2. In the Chamber Summons No. 519 of 2017 filed by the
applicant Jitendra Shenoy stated that he be impleaded in the suit
property, as the said property is gifted to him by the defendant no. 3.
The plaintiff filed reply to the said Chamber Summons and has objected
to add him as party to the suit. However, the plaintiff filed Chamber
Summons No. 74 of 2020 to add the applicant as defendant no. 4 and
also sought consequential amendment to the plaint. The plaintiff in the
Affidavitinsupport of the Chamber Summons at para 13 stated that the
respondent as applicant has taken out the Chamber Summons No. 519
of 2017, which is still pending. The moment the present Chamber
Summons is allowed, the said earlier Chamber Summons No. 519 of
2017 taken out by the said applicant will become infructuous.
3. Heard Advocate Shri. Mogre for the plaintiff and Advocate
Shri. Mohan Katavkar for the defendant no. 2.
4. The plaintiff has filed the Chamber Summons to implead
the defendant no. 4 i.e. Jitendra Shenoy who has filed the Chamber
Summons No. 519 of 2017 to implead him as party to the suit. Part of
the suit property is gifted to Jitendra Shenoy. The Applicant Jitendra
Shenoy is a necessary party to the suit. The Chamber Summons filed by
the plaintiff needs to be allowed as the plaintiff will be able to
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incorporate the pleading in respect of the applicant as a party to be
added. Hence, pass following order:
ORDER
1. The Chamber Summons No. 74 of 2020 is allowed.
2. As Chamber Summons No. 74 of 2020 is allowed, the
Chamber Summons No. 519 of 2017 is disposed of.
3. The plaintiff to carry out necessary amendment within
the period of limitation.
4. Accordingly, the Chamber Summons No. 74 of 2020 is
disposed of.
(SMT.S.S.Nagur)
Date :25/11/2021 Judge
City Civil Court,
Greater Mumbai.
Pronounced on : 25.11.2021
Dictated on : 25.11.2021
Transcribed on : 26.11.2021
Checked & Signed on : 29.11.2021
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4 Order in Ch/s 74/20 @ Ch.s 519/17 in Suit 7273/96
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
01/12/2021 12.40 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.4)
Date of Pronouncement of
Judgment/Order.
25/11/2021
Judgment/order signed by P.O on 29/11/2021
Judgment/order uploaded on 01/12/2021
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