Final Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Chamber Summons No.252 of 2018
CNR No.MHCC010018512018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.252 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 contended that he wants to amend the suit and
submitted that defendants and 3 and 4 through their agents and
servants are trying to encroach, demolish and disturb the possession of
the plaintiff from the suit premises. Plaintiff wants equivalent area of
the flat alongwith terrace plus extra area and other benefits in the new
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building to be constructed. He wants to add subsequent development by
way of the amendment.
4. Considering the subsequent development in the matter. The
plaintiff is granted permission to make amendment in the plaint and
also in the notice of motion. The said amendment would not change the
nature of the suit. It would avoid further litigation. In the opinion of the
court permission can be granted to the plaintiff to make necessary
amendment for the proper and effective decision of the suit. Thus,
considering this I pass the following order.
: ORDER :
1. Chamber Summons No.252 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
“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
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: 3 : Chamber Summons No.252 of 2018
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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