Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100215/2020
Strufcon Realty Vs Ramesh Shivling Sakhare and Applicant M/s. Mangla
Realtors Pvt. Ltd.
Date : 04042022
Business : Adv. Mihir Joshi for applicant in Ch/sum
present. ORDER BELOW CH/SUM
NO.215/2020 This Ch/sum is taken out by
applicant M/s. Mangla Realtors Pvt. Ltd.
praying to add it as a party to the suit.
Inspite of sufficient opportunities and time,
plaintiff failed to file reply to Ch/sum.
Therefore, Ch/sum proceeded without reply
of plaintiff. Deft. nos.4 and 5, by filing
affidavit of deft. no.4, submit that they have
no objection for adding applicant as party
to the suit. Suit is for declaration and
injunction. Plaintiff prayed for declaration
that development agreement dated
11.12.2017 regarding suit property C.T.S.
No.780, 781, 782 situated at Nahur, Taluka
Kurla is lawful. Applicant submits that he is
owner of city survey No.35(part) and
survey no.36(part) which includes C.T.S.
No.774, 775, 776, 777, 778, 779, 780, 781
and 782. As stated above, plaintiff failed to
file reply to Ch/sum. Applicant’s claim
regarding ownership of suit property is
supported by 7/12 extracts of the suit
property. Considering the averments made
in the Ch/sum and reliefs claimed in the
suit, presence of the applicant is necessary
in order to enable the Court effectually and
completely to adjudicate upon and settle all
the questions involved in the suit.
Therefore, Ch/sum deserves to be allowed.
In the result, following order. ORDER 1.
Plaintiff is directed to add applicant as party
defendant. 2. Plaintiff is directed to carry
out necessary amendments within 14 days.
3. No order as to costs. 4. Ch/sum
No.215/2020 is disposed of accordingly.
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Nature of
Disposal
: ALLOWED
Disposal Date : 04042022
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