Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S 501/19
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.501/2019
(CNR NO.MHCC010024402019)
IN
S.C. SUIT NO.2901/2016
Smt. Kanchan Vijayratna Chavan ..Plaintiff
V/s.
1. Shri Chetan Ramdas Rathod
2. Naik Nagar Coop. Hsg. Society. .. Defendants.
AND
Mr. Ramdas Ramji Rathod
(father of defendant no.1 since deceased)
heirs
1. Smt. Anusaya Ramdas Rathod
2. Shri Chetan Ramdas Rathod
3. Sou. Anita Ishwar Pawar.
4. Sou. Neha Bhavesh Angachekar ..Proposed defendants.
Appearances :
Adv. Dipak Jadhav h/f Vishwajeet Mohite for plaintiff.
Adv. Satish Mande for defendant no.1.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No.:03.
Date : 10.03.2022.
ORDER
1. Plaintiff by way of present chamber summons seeking
amendment in the pleadings with respect to his subsequent knowledge
about transfer of suit property.
2. The chamber summons is opposed by defendant no.1
alleging that, the plaintiff is not diligent.
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2 C/S 501/19
3. I have heard Ld Advocate for the plaintiff. I have perused
the plaint and W.S. The plaintiff is seeking declaration with respect to
suit premises. As per the contention of the plaintiff, he came to know
about transfer of the suit premises from defendant no.1 to the proposed
defendant no.3, purchaser. The plaintiff by way of proposed
amendment wanted to incorporate subsequent event.
4. I am of the view that, the proposed amendments are
necessary. It does not change the nature of the suit. Therefore, the
chamber summons needs to be allowed with following order :
ORDER
1. Chamber Summons No. 501 of 2019 is allowed in terms of prayer
clause (a) and (b).
2. The plaintiff is directed to carry out amendment as per schedule
within a period of 14 days from the date of order.
3. After plaintiff carried out necessary amendment, issue writ of
summons upon the proposed defendants.
4. The plaintiff to supply amended copy of plaint to all the
defendants and also file the same in the court.
5. Costs in cause.
6. Chamber summons stands disposed of accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 10.3.2022 Greater Bombay (CR 03)
Dictated on :10.3.2022
Typed on :10.3.2022
Signed on :11.3.2022
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3 C/S 501/19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Date 11.3.2022, at 3.11 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 10.3.2022
JUDGMENT/ORDER signed by P.O. on 11.3.2022
JUDGMENT/ORDER uploaded on 11.3.2022
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