Final Order 1

Order Details: Chamber summons
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MHCC010033282019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.661 OF 2019
(CNR NO.MHCC01-003328-2019)
IN
L.C. SUIT NO.687 OF 2019
Ramkripal Ramkaran Jaiswar ….Plaintiff.
V/s.
The Municipal Commissioner of Gr. Mumbai & Anr. ....Defendants.
And
Mr. Kamal Pasha Zaidy ....Applicant
(Prop. Defendant No.3)
Appearance :
Adv. Subhash Dubey for plaintiff.
Adv. Amar Patil for defendant /BMC.
Applicant in Chamber Summons in-Person.
CORAM : HIS HONOUR JUDGE
SHRI. R.V. BHAKTA
(COURT ROOM NO.06)
DATE : 19th DECEMBER, 2025.
ORAL ORDER
This Chamber Summons taken by the applicant to add him as a
party defendant in the plaint and Notice of Motion.
2. The applicant averred that, the plaintiff has filed this suit against
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the BMC protecting illegal construction made by him. He added that, he
is the landlord of the suit property and the plaintiff has made illegal
construction without obtaining the permission of BMC. Therefore, as he
is the landlord of the suit property his interest is involved in the suit
property. As a result, in order to protect his interest he is a necessary
party and for that purpose he has taken this Chamber Summons to add
him as a party of the suit.
3. The plaintiff has taken strong objection on the ground that, the
Chamber Summons taken by the applicant is false and frivolous. It is his
contention that the applicant any how wanted to prolong the hearing of
the Chamber Summons. Hence, prayed to dismiss the Chamber
Summons.
4. I have gone through Chamber Summons, say and heard both the
parties.
5. In my view, by way of this Chamber Summons the applicant
wants to add him as a party defendant in the plaint and Notice of
Motion. If this Chamber Summons is allowed, then the nature of real
suit will not changed, nor it will affects the merit of the case. Hence, for
the ends of justice and to decide legal controversy between the parties,
the Chamber Summons needs to allow. Furthermore, if this Chamber
Summons allowed, then no prejudice will be caused to the either side.
Hence, following order :
ORDER
1. The Chamber Summons No.661 of 2019 is allowed and
disposed of.
2. The plaintiff is hereby directed to carry out necessary
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amendment on or before next date.
3. Cost in main cause.
(R.V. BHAKTA)
Judge,
City Civil Court,
Date: 19.12.2025 Gr. Bombay.
Dictated on : 19.12.2025
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/12/2025 01.30 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. R.V. BHAKTA
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
19.12.2025
Judgment/Order signed by P.O. on 20.12.2025
Judgment/Order uploaded on 20.12.2025
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