Final Order 1

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100288/2020
Runwal Developers Pvt. Ltd. - Applicant / Jarakahi Automobiles Pvt. Ltd. - Plff. Vs M.C.G.M. and
Ors.
Date : 07-10-2021
Business : Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM
present. None for defendant nos.3 to 7. Adv Gatagat for
applicant present. ORDER ON CH/S NO.288/2020
Applicant filed the Ch/s by contending that plaintiff be
directed to the names of Defendant nos.3 to 7 and the name
of applicant be substituted in their place. Perused Ch/s,
heard advocate for applicant. But plaintiff failed to contest
the Ch/s though sufficient chances given to him. Lastly
argument of applicant was heard in absence of plaintiff and
it was kept for order, then also till today, neither plaintiff
nor his advocate appeared and resisted the Ch/s. Applicant
has filed on record the order passed by Honble High Court
in Suit No.03/2014. Therein, Honble High Court declared
applicant as the owner of 2/3 share in the Suit property.
Thereafter, on 26.09.2019, there was a consent terms took
place in between applicant and defendant nos.4 to 7. By
way of said consent term there is a division of shares of
plaintiff and defendant nos.4 to 7 by metes and bound. In
the said consent term, it is also agreed that applicant will
substitute himself in all Suits by or against defendant nos.4
to 7. The contention of applicant and the documents filed
by the applicant remains unchallenged. Thus, there is no
good ground to disbelieve the same. So considering
documents filed on record by the applicant, he is entitled
for the relief prayed. Hence I pass following order ORDER
1. Prayer clause (a) of Ch/s No.288/2020 filed by the
applicant is made absolute. 2. Plaintiff is directed to
substitute name of applicant in place of defendant nos.3 to 7
by amending the plaint within 14 days from the date of
order. 3. Ch/s No.288/2020 is disposed off accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 07-10-2021
COURT 08 ADDL SESSIONS JUDGE
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