Final Order 1

Order Details: Notice of Motion
Pdf Text: ... 1 … Order in NM No.1051-2020 in Suit No.2664-2018
MHCC010029922020 Presented on : 09.03.2020
Registered on : 09.03.2020
Decided on : 24.06.2025
Duration : 05 03 15
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY, AT BOMBAY
NOTICE OF MOTION NO. 1051 OF 2020
IN
SUIT NO. 2664 OF 2018
(CNR NO. MHCC010029922020)
Mayuri Chetan Shah
Age : 62 years at present residing at
154 Alka, Major R. Parmeshwaram Road,
Wadala, Mumbai 400 031. …. Applicant
In the matter of
Nikita Bipin Rajgoar
Aged about 62 years, Occ : House maker
Address at 201, Land Mark Apartments,
Opposite V. P. Arogya Bhavan,
Limbu ni wadi, Kalavad Road,
Rajkot 360007 …. Plaintiff
Versus
1
2
3
4
Chetan Chhabildas Shah
Age Not know, Occ : Business
Having address at 10, 7th floor, Rasik Villa,
Dr. Vinay Kumar Oza Marg,
Matunga (East), Mumbai 400 019
Kalpana Wd/o Suhrid Shah
Aged : Not known, Occ : House maker
Duhan Suhrid Shah
Aged : Not known, Occ : Business
Shibani D/o Suhrid Shah
Aged : Not known, Occ : Not known
All having address at 1105/1106,
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... 2 … Order in NM No.1051-2020 in Suit No.2664-2018
5
6
Bhavya Heights B-Wing Katrak Road,
Wadala, Mumbai 400 031.
Secretary/Chairman
Address at Matunga Kamal Kunj CHS,
Plot No.582, Jame Jamshed Road,
Matunga, Mumbai 400 019.
National Happy Homes
A builder and developer,
Having address at 202,
Ganga Heritage Level-II,
Deodas Road, Matunga, Mumbai 400 019. …. Defendants
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI A.SUBRAMANIAM
C.R.NO..
: 19
DATE : 24th DAY OF JUNE, 2025
Appearances :-
Ld. Adv. Udayan Jain for applicant/intervenor.
Ld. Adv. Rekha Mehta for the plaintiff.
Ld. Adv. Malika Pujari i/b Adv. Ravi Kotian for the defendant.
ORAL ORDER
1. By present Notice of Motion, issue of impleading of applicant is
raised. The plaintiff has filed this for partition and effective
possession of the share wherein said Notice of Motion is filed. It is
not disputed that plaintiff and defendant No.1 and one Suhrid
Shah of whose defendant No.2 to 4 are siblings and it is also part
of record that each one has a share in the property allegedly.
2. Present applicant is married to defendant No.1 and there are
some matrimonial issues resulting in domestic issues wherein
certain orders are passed before Ld. Family Court in that regard.
It is contended that husband is likely to create rights adverse to
her interest in the said litigation and hence she should be added
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as party.
3. Heard both the sides. Considered the submissions.
4. Apparently, there are orders of Ld. Family Court which
contemplates maintenance status quo with regard to properties.
Thus, it is inherent duty of this Court to obey and honour the
orders of each and every Court and in such circumstances, even
the Ld. Family Court. It is also part of record that parties interse
tried to enter into consent terms excluding present applicant and
even not noticing her. Thus, parties could execute certain rights
and liabilities which would effect rights and orders of the Ld.
Family Court, Mumbai. Considering same, it is proper that the
present applicant be made party to the proceedings. Hence, I am
inclined to grant this Notice of Motion and pass following order.
O R D E R
1. Notice of Motion No. 1051 of 2020 in Suit No.2664 of 2018 is
hereby allowed.
2. Applicant be made party defendant to the proceedings.
3. Notice of Motion is disposed off accordingly.
DATE : 24.06.2025 (A.SUBRAMANIAM)
PRINCIPAL JUDGE
CITY CIVIL COURT, MUMBAI.
(JO CODE MH01711).
Dictated and transcribed on : 24.06.2025
Checked and signed on : 24.06.2025
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"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER"
DATE : 24.06.2025 AT 06.00pm Mr. Mohit M. Patange
STENOGRAPHER (Grade-III)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court no.) : SHRI A.SUBRAMANIAM. C.R.NO.19.
Date of pronouncement of judgment/order : 24.06.2025
Judgment/order signed by the P.O. on : 24.06.2025
Judgment/order uploaded on : 24.06.2025
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