Final Order 2

Order Details: Chamber summons
Pdf Text: MHCC010010522019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.199 OF 2019
IN
LONG CAUSE SUIT NO. 1757 OF 2018
1. Dinesh Shah & Anr. ...Applicants
In the matter between
1. Suresh Madhava Hegde ... Plaintiff
V/s.
1. Designated Officer and Anr. … Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 22/10/2021
Adv Mr. Hardik Desai for the plaintiff.
Adv. Mr. Kumbhat for the applicants.
Adv.Ms. Deepali Patil for the defendants/BMC.
ORAL ORDER
1. This Chamber Summons is taken out by the Applicants to
add them a party defendant.
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2 Ch/s. 199/2019
2. The plaintiff has filed reply and strongly opposed the
chamber summons.
3. Perused the Chamber Summons and reply of the plaintiff.
Heard advocates for the parties at the length.
4. Applicants are in possession of Flat Nos. 1301 and 1302 in
Pearl Garden building in which the suit premises is situated. According
to the applicants, the plaintiff has illegally occupied the common areas
and common amenities in the said building. On the complaints of the
applicants, the defendant corporation has issued notices to the plaintiff
on 19.06.2018, which are challenged in this suit. Therefore, the
applicants prayed to be added as a party defendant in this suit.
5. Undisputedly the defendant corporation has issued notice
under section 53(1) of the MRTP Act to the plaintiff on 19.06.2018 and
same are challenged by the plaintiff in this suit. The burden to prove
this case about legality of the suit structure is on the plaintiff. Mere
applicants being complainants and occupiers of the flats in the same
building does not mean that their presence is necessary for effective
adjudication of the suit. Therefore, in the opinion of this Court
applicants are not necessary or proper party to this suit. This suit can be
effectively adjudicated if the applicants are not added as party
defendants to this suit. The dispute between applicants and plaintiff if
any, cannot be covered in the subject matter of the present suit.
Therefore, it is not necessary to add applicants/ intervener as a party
defendants to the suit for the proper and effective adjudication of the
suit.
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3 Ch/s. 199/2019
6. In this background, this chamber summons is liable to be
rejected and following order is passed.
ORDER
1. The Chamber Summons No.199/2019 is rejected.
2. The Chamber Summons No.199/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 22/10/2021 City Civil Court, Gr.Mumbai.
Dictated on :22/10/2021
Typed on :22/10/2021
Signed on :
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4 Ch/s. 199/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/10/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
22/10/2021
JUDGMENT/ORDER signed by
P.O.on
22/10/2021
JUDGMENT/ORDER uploaded on 22/10/2021
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