Final Order 1

Order Details: Order below exhibit
Pdf Text: 1 Review Petition no.34-20
in Ch-s 1164-17 in
Suit no. 853-16
MHCC010006162020
Presented on : 10-01-2020
Registered on : 11-02-2020
Decided on : 17-08-2021
Duration : Y-01-06M- 06-D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
REVIEW PETITYION NO. 34 OF 2020
CNR NO.MHCC010006162020
IN
CHAMBER SUMMONS NO. 1164 OF 2017
IN
SUIT NO. 853 OF 2016
Ashok Namdev Harugade .. Applicant
V/s
Nanda Shivram Angtelar & Ors. ...Respondents.
CORAM : HIS HONOUR JUDGE
SHRI KISHORE M. JAISWAL
(COURT ROOM NO.01)
DATE : 17th DAY OF AUGUST, 2021
Adv. Trupti J. Gohil for the Applicant
Adv. Ashok M. Saraogi for the Respondent no.1
ORAL ORDER
This review petition is preferred by the applicant seeking
of review the order dated 13/12/2019 passed by my learned
predecessor in chamber summons no. 1164 /17. This review petition
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2 Review Petition no.34-20
in Ch-s 1164-17 in
Suit no. 853-16
is supported by an affidavit being executed by Ashok Harugade.
While opposing review petition, plaintiff has filed reply on affidavit
being executed by Savitri Ashok Hargude. Today none appeared for
the applicant. The matter is old one and as this review petition is
pending there is no progress in suit. Therefore, I have heard advocate
for the plaintiff and the respondent for this review petition. I have
carefully gone through the order passed by my learned predecessor
on 13/12/2019 in chamber summons no. 1164 of 2017. At the very
outset it appears that the well reasoned order was passed, after
giving opportunity to both sides and my learned predecessor for the
reasons mentioned in the order has allowed the amendment. It is a
matter of record that the amendment is already carried out and
effected on 17/12/2019. I do not find any error in the said order for
considering of the review petition. By virtue of said amendment
parties were added and even otherwise in absence of those parties no
effective decree can be passed. I do not find any reason to entertain
this review petition being not maintainable. Hence, I pass the
following order.
ORDER
Review petition no. 34/2020 stands dismissed.
Cost in cause. Case to proceed further.
(Kishore M. Jaiswal)
Judge, City Civil & Sessions
Date:.17.08.2021 Court, Gr.Mumbai (C.R.No.01)
Dictated on : 17.08.2021
Transcribed on : 17.08.2021
Signed on : 17.08.2021
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3 Review Petition no.34-20
in Ch-s 1164-17 in
Suit no. 853-16
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE:28.08.2021 NAME OF STENOGRAPHER(G I)
Mrs. V. V. Mhatre
TIME: pm
Name of the Judge (With Court room no.) HHJ Shri Kishore M. Jaiswal.
(Court Room No.14)
Date of Pronouncement of JUDGEMENT/ORDER 17.08.2021
JUDGMENT/ORDER signed by P.O. on 17.08.2021
JUDGEMENT/ORDER uploaded on 28.08.2021
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