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Court Order

Final Order 1

CNR MHCC01002456202008 Feb 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 08 Feb 2021 · CNR MHCC010024562020

Order Details: Chamber summons
Pdf Text: Order In Chamber Summons 365 of 2020 in Suit No. 4646 of 2010
Dt: 08/02/21
Suit :4646/10
C/s 365/20
CORAM : R.M.SADRANI ( C.R. NO.07)
Adv Kezer Kharawala for plaintiff present.
Adv Parihar for defendant present.
Perused the C/s. Heard both sides, Ch/Su is moved
by the plaintiff. It is requested that in the payer
clause A the date is mentioned of the Register
Partition deed as 12/10/2010. However, registered
partition deed is registered on 12/10/2009. After
looking to the plaint the date is mention as
12/10/2009. He submitted that under this
circumstance he do not want to pressed prayer
clausea. However, he pointed out that in issue no.2
and 5 the date is mentioned as 12/10/2010 which
needs to be corrected. He further submitted that
Name of plaintiff is mentioned in the plaint as
Narayan Lokaya Gujran instead of Narayan Lokaya
Gujaran which is as per the register partition deed.
As per the reply of defendant there is delay and C/s
is moved with malafide intention.
Prayer of the plaintiff is only regarding addition of
alphabet ‘a’ to make the surname as ‘Gujaran’ which
is supported by the Register Partition deed.
Therefore C/s needs to be allowed and issued also
requires to corrected as pointed out.
ORDER In Chamber Summons 365 of 20
1. C/s is hereby allowed in terms of prayer clause
2 of the schedule of C/s.
2. Date mentioned in the Issue no 2 and 5 is
corrected as 12/10/2009.
3. Chamber summons is disposed off accordingly.
Judge.
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