Interim Order 1

Order Details: Chamber summons
Pdf Text: ..1.. C/S. No.447/2025 (SC No.40/20)
MHCC010029652025
Presented on : 21-02-2025
Registered on : 21-02-2025
Decided on : 13-02-2026
Duration : 00 Y, 11M, 21Days
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO. 447 OF 2025
IN
SHORT CAUSE SUIT NO. 40 OF 2020
Kumar Devdas Advani … Plaintiff
Vs.
Maria Easter Sylvia Xavier & Ors. … Defendants
CORAM : HER HONOUR JUDGE
SMT. H. C. SHENDE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 13th February, 2026.
Appearance :-
Mr.S. G. Mahamuni, Advocate for the plaintiff.
Mr.Pradosh Patil, Advocate for the defendant No.6.
O R D E R
1. The present chamber summons filed by the plaintiff with
request to allow them to change name of defendant No.6 by its new
name ‘Aditya Birla Real Estate Limited’ in the title clause of the plaint by
way of amendment so also issue fresh writ of summons against
defendant No.1 to 3 by publishing the summons in local news paper
having circulation in Mumbai by condoning the delay.
-- 1 of 4 --
..2.. C/S. No.447/2025 (SC No.40/20)
2. The other side submitted objection by mentioning that the
endorsement on the service is ‘defendant left’ so the chambers cannot
be allowed.
3. Heard both sides. Perused record.
4. The learned advocate for the plaintiff in support of the
chamber summons filed affidavit by mentioning that defendant No.1
duly served. However the affidavit Dtd.30.3.2022 and the roznama
showing that the defendant No.1 to 3 has left their premises. The last
known address of these defendant is same as mentioned in the title
clause of the suit and it is of Mumbai so they be allowed to publish
summons in news paper by condoning the delay. The name of the
defendant No.6 is changed during pendency of the suit, so it needs to be
changed. Defendant No.6 endorse that they are submitted to the court
order.
5. Considering the say given by defendant No.6 and
admittedly there is change in name of defendant No.6 so the prayer
clause(a) can be allowed by allowing the plaintiff to amend the plaint
so far as issuance of fresh writ of summons on defendant No.1 to 3 is
concerned that also can be accepted as prayed in para no. b and c i.e.
summons by paper publication.
6. Hence in the circumstances and for the reasons the court
proceed to pass the following order;
-- 2 of 4 --
..3.. C/S. No.447/2025 (SC No.40/20)
O R D E R
1. The Chamber Summons No.447/2025 in Suit No.40/2020 is
allowed as prayed.
2. Amendment is allowed in view of prayer clause(a).
3. The plaintiff to carry out amendment within stipulated
period i.e. 2 weeks, after amendment the plaintiff shall file
amended plaint in Court and serve its copy on other side
within two weeks thereafter.
4. No order as to costs.
5. Proceeding of Chamber Summons No.447/2025 in Suit
No.40/2020 is closed.
Date : 13.02.2026 (H. C. Shende )
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 13.02.2026
Typed on : 13.02.2026
Checked on : 16.02.2026
Corrected and signed on : 16.02.2026
-- 3 of 4 --
..4.. C/S. No.447/2025 (SC No.40/20)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2026 at 11.12 a.m. ( Mrs.Prajakta K. More, Grade-1)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. H. C. Shende (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
13.02.2026
JUDGMENT/ORDER signed by
P.O.on
16.02.2026
JUDGMENT/ORDER uploaded on 17.02.2026
-- 4 of 4 --