Final Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Chamber Summons No.147 of 2018
CNR No.MHCC010012102018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.147 OF 2018
IN
S.C.SUIT NO.1304 OF 2011
Vivekkumar Ramanuj Dube and another .. Plaintiffs
Versus
Ranvijaykumar Ramanuj Dubey and Ors. .. Defendants
Plaintiffinperson.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 02.07.2018
: ORDER :
This chamber summons is filed by plaintiff for amendment in
the plaint and Notice of Motion No. 1145/2011.
2. Defendants served they did not appear in the chamber
summons and it was proceeded without their reply.
3. Plaintiff submitted that he had filed the suit against the
defendants. He further submitted that the defendant no. 2 society had
appointed Alag Property Construction Pvt. Ltd. as builders and
developers of defendant no. 2 society as per circular dated 10.01.2018.
Earlier the suit was filed against defendant no. 3 Gold Plaza Developers
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: 2 : Chamber Summons No.147 of 2018
Pvt. Ltd. who was appointed for redevelopment and accordingly they
were made party. Thereafter by circular dated 15.12.2011 another
defendant no. 2 M/s. Alfa Mana Realators Pvt. Ltd. were appointed as a
developer. But subsequently Alag Property Construction Pvt. Ltd. is
appointed as a new developer. Further, plaintiff contended that
defendant no. 1 is their elder brother. As per his contention their father
died 1983 and their mother and grandfather when alive purchased
premises from Hiranandani construction and defendant no.1 has right
in the suit premises. Due to oversight in 24th line of the para 2 of the
plaint the word “exclusive” is not typed. Hence, he wants to add word
“exclusive”.
4. Upon considering the contention of the plaintiff and also that
defendants failed to file their reply. The amendment if allowed would
not caused any prejudice or any harm to them and would not change
nature of the suit. Thus, considering this I pass the following order.
: ORDER :
1. Chamber Summons No.147 of 2018 is made absolute in terms
of prayer clause (a).
2. Plaintiff to carry out the amendment on or before next date as
per law.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 02.07.2018 Gr. Mumbai
Dictated on : 02.07.2018
Transcribed on : 03.07.2018
Signed on : 03.07.2018
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: 3 : Chamber Summons No.147 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 06.07.2018 at 3.55 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
02.07.2018
JUDGMENT/ORDER signed by P.O. on 02.07.2018
JUDGMENT/ORDER uploaded on 06.07.2018
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