Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 659 OF 2019
IN
SUIT NO. 764 OF 2014
( CNR No.MHCC01-003324-2019)
Shri Vincent John Patel & Ors. ...Plaintiffs
V/s.
Moosa Haji Hussein & Anr. ...Defendants
And
Maharashtra Housing And Area
Development Authority & Ors. ...Proposed Defendants
Appearance :-
Learned advocate V. E. Pereira for plaintiffs.
Learned advocate Sakina Electricwala for defendant no.2.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 17/12/2021.
ORDER
1. This is a chamber summons taken out on behalf of the plaintiffs
for making amendment in the plaint. This chamber summons is resisted
on behalf of the defendant no.2 by filing his reply on the chamber
summons itself.
2. Heard both the learned counsels on behalf of both the sides at
length. Read the present chamber summons. Perused the affidavit of
Plaintiff No.1-Vincent John Patel in support of chamber summons.
Perused the record.
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3. On scrutiny of the proposed amendment which is mentioned in
the schedule, if it is allowed, the nature of the suit will not be changed
and it will not cause any hardship on the part of the defendants. The
defendant no.2 has simply objected the chamber summons without
giving any reasons. Therefore, I am of the view that if this chamber
summons is to be allowed, then the nature of the suit will not be
changed. Moreover, the trial is not begin. It is pertinent to note that if
this chamber summons is to be allowed, the dispute in between the
parties will be decided on merit. Therefore, I inclined to allow this
chamber summons. Hence, I proceed to pass following order.
ORDER
1. Chamber summons No.659/2019 is hereby allowed in terms of
prayer clause (a).
2. The plaintiffs and their advocates are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons No.659/2019 is disposed off accordingly.
Sd/-
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :17/12/2021. Gr. Mumbai
Dictated on: 17/12/2021
Transcribed on: 17/12/2021
HHJ signed on: 17/12/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
17/12/2021 at 5.00 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
17/12/2021
Judgment/order signed by P.O. on 17/12/2021
Judgment/order uploaded on 17/12/2021
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