Final Order 1

Order Details: Chamber summons
Pdf Text: Dt.12/07/2019
SU 1762/11
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
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. 440/19
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. 01.10.2014. 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.
Judge
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