Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100176/2018
Mr. Naushad Ahmad Usman Patel Vs Kishore Gangaram Salunke. Applicants - Rogay Charity and
Ors.
Date : 01-02-2019
Business : Plaintiff present. None present for defendant. Adv. Mr.
Raibakkar for applicant in Ch/s present. Heard. Order below
Ch/s no. 176/18 Heard. Perused affidavit in support of Ch/s. It
appears that the applicant no. 1 is the owner of the suit
property and applicant nos. 2 to 5 are the trustees of the trust.
It appears that according to the applicant, the trust the actual
owners/ landlord of the suit premises including other
buildings and mosque in the said premises. Further according
to the applicant, the trust has filed Eviction suit no.
998/1608/02 before the Small Causes Court against tenant Mr.
Sayed Khurshid Alam. Mr. Sayed Khrsihd Alam sublet suit
premises in favour of the present deft. And present deft
handed over possession of the suit premises in favour of the
plff. In the facts and circumstance, the plff has not filed reply
to this Ch/s. Considering the averments in support of Ch/s, it
appears that applicants are necessary parties to the present
suit, in view of reliefs claimed by the plff in this suit and suit
subject property before the court. The applicant ought to have
been join, as a party deft, as their presence before the court is
necessary in order to enable the court effectually and
completely to adjudicate upon and settle all the question
involved in the suit. Therefore in the interest of justice, Ch/s is
to be partly absolute. With this I pass proceed to pass the
following order. Order 1. Chamber Summons no. 176/2018 is
made absolute in terms of prayer clause (a). 2. The plff is
directed to add applicants, as defendant nos. 2 to 7 in the suit
and accordingly directed to carry out amendment, as per
schedule to this Ch/s within 14 days from the date of this
orders. 3. Accordingly Ch/s no. 176/18 stands disposed of.
Matter is adjd. to 25.03.2019 for compliance by the plff.
Nature of Disposal : ALLOWED
Disposal Date : 01-02-2019
COURT 1 ADDL SESSIONS JUDGE
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