Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 200-19 In S.C.Suit No. 2984- 2009
H.C.Suit No. 204 of 2009.
1 Date 03.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 200 of 2019
IN
S.C. SUIT NO. 2984 of 2009
(H.C. SUIT NO. 204 OF 2009)
(CNR NO.MHCC01 0010652019)
Kukreja Construction Company & Ors. ...Applicants/Plaintiffs.
Versus
Vilas Pandharinath Patil ... Defendant
Appearances :
Adv.Sridhar K.Chari i/b DSK Legal for plaintiff.
Adv.Amar Bhatt for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 03.01.2020
ORDER
1. The plainitff has filed instant Chamber Summons for
substituting / replacing Exhibit – E in terms of schedule and
further to condone the delay in filing instant Chamber Summons.
2. It is contended by the plaintiff that he has filed suit in
respect of suit property bearing C.T.S. No. 454/1 to 4, 454/5,
454/6, 454/7 to 20 and C.T.S. No. 290 admeasuring about 9787.9
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Chamber Summons 200-19 In S.C.Suit No. 2984- 2009
H.C.Suit No. 204 of 2009.
2 Date 03.01.2020
sq. Mtrs. situated at Village Deonar and Borla, Taluka Kurla,
Mumbai. However, the Power of Attorney as executed by the
plaintiff no. 2 in favour of partners of plaintiff no. 1 was wrongly
annexed with the ExhibitE. Therefore, the plaintiff seeking
permission to substitute the ExhibitE.
3. The Chamber Summons is opposed by the defendant by
filing reply on the ground that there is inordinate delay in filing
Chamber Summons.
4. Heard both the sides. Perused Chamber Summons as well as
reply. It is not in dispute that the present suit is filed in respect of
suit property bearing C.T.S. No. 454/1 to 4, 454/5, 454/6, 454/7
to 20 and C.T.S. No. 290 admeasuring about 9787.9 sq. Mtrs.
situated at Village Deonar and Borla, Taluka Kurla, Mumbai. The
plainitff annexed the schedule of property alongwith plaint.
However, it appears that inadvertently the Power of Attorney as
executed by the plaintiff no. 2 in favour of partners of plaintiff no.
1 in respect of land bearing C.T.S. No. 271, 89 and 764,
admeasuring about 3786 sq. Mtrs. situtated at Village Deonar and
Borla,Taluka Kurla, Mumbai as annexed with the plaint. In my
view, the plaintiff is not trying to create any new case nor trying to
change the nature of the suit. The suit property is already
described by the plaintiff in the schedule of property. It appears
that there is an inadvertent mistake in annexing the Power of
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Chamber Summons 200-19 In S.C.Suit No. 2984- 2009
H.C.Suit No. 204 of 2009.
3 Date 03.01.2020
Attorney of their property. Therefore, in my view, the present
Chamber Summons needs to be allowed. Thus, I proceed to pass
the following order :
ORDER
1. Chamber Summons No. 200 of 2019 is made absolute in
terms of prayer clause (a) and (b).
2. Plaintiff to carryout necessary amendments as per schedule
within 14 days from the date of order.
3. Plaintiff to bear cost of Chamber Summons.
4. Chamber Summons No. 200 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 03.01.2020 Gr. Bombay.
Dictated on : 03.01.2020
Transcribed on : 03.01.2020
Draft submitted on : 03.01.2020
Checked on : 07.01.2020
Signed on : 07.01.2020
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Chamber Summons 200-19 In S.C.Suit No. 2984- 2009
H.C.Suit No. 204 of 2009.
4 Date 03.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/01/2020 at 10.20 a.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
03/01/2020
JUDGMENT/ORDER signed by
P.O. on
07/01/2020
JUDGMENT/ORDER uploaded
on
08/01/2020
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