Date: 26-03-2019
Business: Adv. Ms. Chetna Agarwal for Plff present and tendered original Ch/s No.441/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft present.
Deft No.2 has sought time to file reply. Hence, adjourned.
Adjd to 16/4/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv. Mr. Manoj Sonawane for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 present.
Adv. Mr. Shrivastav for Deft No.2 present.
On oral request of advocate for Defendant No.2, adjournment granted as last chance.
Adjd to 11/6/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Adv. Manoj Sonawane for plaintiff present.
Plaintiff no. 1 present.
Adv. S. P. Srivastav for Def. no. 2 present.
Adv. Khandagle for def/MCGM 1 present.
Def. no. 2 filed reply to Ch/s. Copy served to other side.
Adjd to 10.07.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Adv. Manoj Sonawane for plaintiff present.
Adv. Khandagle for MCGM/Def. 1 present.
Adv. S. P. Srivastav for def. no. 2 present.
On oral request of ld adv for def. no. 2, adjournment granted as a last chance.
Adjd to 12.07.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Business: Adv. Manoj Sonawane for plaintiff present.
Adv. S. P. Srivastav for def. no. 2 present.
Adv. Ms. Patil h/f Adv. Khandagle for MCGM/Defendant no. 1 present.
Heard arguments of both sides.
Kept back.
Order on Ch/s no. 441/19
By way of instant ch/s the applicant wants to replace the name of original plaintiff by adding his name as he has purchased the suit premises from the latter by sale dtd. 25.10.2016. The defendant NO. 2 has objected the Ch/s on the ground that despite having sufficient opportunity for five years no such amendment was sought by the applicant. Issues are framed at Exh. 6. The plaintiff challenges notice u/s 353 A dtd. 16.06.2011 of MMC Act. This is not a title suit. The question whether the applicant became owner long back is not relevant to decide the controversy in this suit. The ch/s is not objected by the plaintiff. After transfer of the suit premises in favour of the applicant, the latter has to protect the interest in respect of the suit premises. As such Ch/s will have to be granted. Hence Ch/s is allowed and made absolute in terms of prayer clause (a) and (b). The amendment be carried out in the plaint and amended copy be served to other side before next date.
Adjd to 07.08.2019 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 12-07-2019
