Order 1

Order Details: Chamber summons
Pdf Text: 1 CS No.41918 in SCSU 359508
IN THE CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO.419 OF 2018
(CNR No.MHCC010030352018)
IN
SHORT CAUSE SUIT NO.3595 of 2008.
(CNR No.MHCC010047352008)
Dr.Imran Mushtaq Ahmed }...PLAINTIFF.
VERSUS
BMC & Others }...DEFENDANTS.
AND
Mr. Sirajuddin M. Siddique }...APPLICANT.
Shri Prashant Kulkarni, learned advocate for the plaintiff.
Shri Om Suryawanshi, learned advocate for defendant No.1.
Shri Deepak Pandey, learned advocate for applicant.
CORAM: HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 22/04/2019)
1. By filing this Chamber Summons, applicant has prayed to
direct the plaintiff to add the applicant as party defendant No.6 to the
suit. Read the affidavit filed in support and reply filed by the plaintiff.
Heard learned advocate for the plaintiff. Nobody appeared for the
applicant to advance argument hence, Chamber Summons is taken up
for consideration on merits.
2. Perusal of the affidavit filed in support of the Chamber
Summons shows that applicant is claiming rights in the suit premises on
the basis of agreement of sale dtd.14/11/2006 & Indemnity Bond
dtd.15/11/2006 executed in favour of applicant by defendant No.5. It is
also contended that applicant has filed comprehensive application
dtd.18/11/2006 before the Estate Manager of MHADA for transferring
the suit premises in favour of the applicant but transfer is not effected
in favour of the applicant as stay order is passed in this suit is operating.
It is contended that applicant has purchased the suit premises for valid
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2 CS No.41918 in SCSU 359508
consideration by paying handsome amount to defendant No.5 and
hence, it is necessary to direct the plaintiff to implead the applicant as
party defendant No.6 to the suit.
3. Learned advocate for the plaintiff argued that applicant is
neither necessary nor proper party to the suit and hence, Chamber
Summons is liable to be dismissed.
4. In support of the contentions raised in the affidavit filed in
support of the Chamber Summons, applicant has produced copies of
documents to show that defendant No.5 has executed agreement of sale
& Indemnity Bond in favour of applicant in respect of the suit premises
however, it appears from the own contention of the applicant that suit
premises is not transferred in the name of the applicant till date.
Furthermore, suit is filed for declaration that the purported auction sale
dtd.22/03/2002 effected by defendant No.3 is illegal, null and void
with consequential reliefs. Admittedly, plaintiff had taken out Notice of
Motion when the suit was pending before Hon'ble High Court and as
per order dtd.21/08/2008, Hon'ble High Court was pleased to direct
that no third party interest shall be created in respect of the suit
property till filing of reply and rejoinder. It is also not in dispute that
said order is continued by the then learned Presiding Officer of this
court as per order dtd.10/08/2017.
5. Contention of the applicant appears to be that agreement of
sale is executed in his favour on 15/01/2006. To my mind, mere
execution of agreement of sale does not confer any rights in the
immovable property hence, even if it is accepted that defendant No.5
has executed agreement of sale & Indemnity Bond in favour of
applicant, it is not sufficient for accepting that rights in respect of suit
premises are created or transferred in favour of the applicant.
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3 CS No.41918 in SCSU 359508
Considering it & considering the nature of reliefs claimed in the suit, I
hold that applicant is neither necessary nor proper party for
adjudicating the controversy involved in the suit and hence, holding
that the applicant is not entitled for the relief claimed, I pass the
following order.
O R D E R
Chamber Summons No.419 of 2018 stands rejected.
Date: 20/04/2019. (P.P.RAJVAIDYA)
Dictated on : 20/04/2019. Judge, C.R.No.12,
Transcribed on : 22/04/2019. City Civil Court,
Checked on : : 23/04/2019. Gr.Bombay.
Signed on : 23/04/2019.
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4 CS No.41918 in SCSU 359508
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
23/04/2019 at 11.30 a.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 20/04/2019
Order signed by P.O. on 23/04/2019
Order uploaded on 23/04/2019
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