Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 96 OF 2020
(CNR NO.MHCC01-000748-2020)
IN
L.C. SUIT NO. 2728 OF 2016
Smt. Meena Vishwas Jadhav ].. Plaintiff.
V/s.
1. Dr. Rohan Vishwas Jadhav ]
and others. ]..Defendants
And
1. Mrs. Varsharani Nitin Mane ]
and Another. ]..Respondents.
Advocate Mr. Sandip Ghogare for the plaintiff.
Advocate Mr. Kudalkar for defendant Nos.1 and 2/State.
Advocate Mr. Trivedi for defendant No.3/SRA.
CORAM : HIS HONOUR JUDGE
MR. SITARAM N. PATIL
(C.R.NO.09)
DATE : 27th FEBRUARY 2023
ORAL ORDER
This Chamber Summons has been taken out by the plaintiff
for adding the respondents as party defendant Nos.5 and 6 in the suit
and carrying out amendments as per Schedule annexed to the Chamber
Summons.
2 The plaintiff has filed affidavit in support of Chamber
Summons, wherein it is stated that the suit has been filed for
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declaration claiming rights over the suit premises being the widow of
the deceased Shri Vishwas Jadhav. It is further contended that the
Respondent No.1 is her married daughter and of the said deceased. At
the time of filing the suit, the Respondent No.1 was not available for
affirming the plaint. The Respondent No.2 is the married sister of
defendant No.1 and the daughter of defendant No.2 and as such the
Respondents are necessary and proper parties to the suit and may be
added as party defendants in the proceedings.
3. It is further contended that the defendants have raised
objection that all the legal heirs of the said deceased are not parties to
the proceedings. The proposed amendment does not in any way change
the cause of action in filing the suit and in order to avoid multiplicity of
proceedings the Respondents may be added as party defendants to the
suit. Hence, prayed for allowing Chamber Summons.
4. The defendant No.1 has filed reply to the Chamber
Summons and raised strong objection. It is submitted that the Chamber
Summons is not maintainable and deserves to be dismissed.
Respondents are neither necessary nor proper party to the suit. The
plaintiff has not annexed any heirship certificate for showing that the
respondents are legal heirs and representative of the deceased Vishwas
Jadhav. Non-joinder is not necessary and proper party. The plaintiff has
taken out the Chamber Summons to fill the lacuna. The balance of
convenience is completely in favour of the defendants and against the
plaintiff. Therefore, the plaintiff is not entitled to any reliefs.
Therefore, prayed for rejection of Chamber summons.
5. Heard the learned advocate for the plaintiff and the learned
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advocate for defendants.
6. Perused Affidavit in support of Chamber Summons and
plaint. Considering the nature of the suit, the plaintiff is claiming right,
title and interest over the suit property. It is further submitted that the
proposed defendant Nos.5 and 6 are the legal heirs of deceased Shri
Vishwas Jadhav. Though the plaintiff has not filed the Succession
Certificate on record, the plaintiff on oath has flied affidavit alongwith
Chamber Summons. Therefore, it is necessary to bring all the legal
heirs on record, it will help to decide the matter finally.
7. On the contrary, if the proposed defendant Nos.5 and 6 not
made a party in the proceeding, it will affect the plaintiff’s right and the
suit. Therefore, to avoid multiplicity of proceedings and to decide
matter on merits, it will better to allow the plaintiff to add the
Respondents as party defendants to the suit, as they are legal
representatives of deceased Vishwas Jadhav. If Chamber Summons is
allowed no harm will be caused to the defendant. Therefore, in the
interest of justice, the present Chamber Summons is to be allowed. With
this, I proceed to pass the following order:-
ORDER
1. Chamber Summons No. 96 of 2020 is made
absolute.
2 The plaintiff is hereby allowed to add the
respondents as party defendant Nos.5 and 6 in the suit and
to carry out amendment in the suit plaint and further
directed to place on record amended copy of the suit plaint.
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3. The plaintiff is directed to furnish amended copies of
the plaint to the defendants.
4 Chamber Summons No. 96 of 2020 stands disposed
of accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date: 27/02/2023 Gr. Bombay.
Dictated on : 27/02/2023
Transcribed on : 28/02/2023
Signed on : 28/02/2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01/03/2023 At 11.50 a.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
27.02.2023
Judgment/Order signed by P.O. on 28.02.2023
Judgment/Order uploaded on 01.03.2023
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