Interim Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1792/21 in S.C.Suit No. 1353/2020. 1 Order.
MHCC010101572021
Presented on : 04-12-2021
Registered on : 04-12-2021
Decided on : 01-12-2022
Duration : 0 years, 11 months, 27 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1792 OF 2021
IN
S. C. SUIT NO. 1353 OF 2020
Mr. Devdutta Kantaprashad Gupta )...Plaintiff
Versus
Dilip Kantaprashad Gupta and others )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 1st DECEMBER, 2022.
Shri Ashok Saraogi along with Shri Karan Choudhary, Advocate for the
plaintiff.
Shri Jugal Haria, Advocate for defendant no.1.
Shri Rajiv Hingu along with Smt. Meenakshi Shinde, Advocate for
defendants no.2 to 6.
ORDER
1. The plaintiff has taken out the chamber summons for
amendment in the plaint under Order VI Rule 17 of the CPC. Perused
chamber summons, affidavit in support and affidavit in reply filed by
defendant no.1. I have gone through the suit proceeding. Heard learned
counsel Shri Ashok Saraogi for the plaintiff and learned counsel Shri
Jugal Haria for defendant no.1. Learned counsel Shri Rajiv Hingu for
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Ch/s No. 1792/21 in S.C.Suit No. 1353/2020. 2 Order.
defendants no.2 to 6 did not oppose the chamber summons.
2. On perusal of contents in the plaint, it appears that the
plaintiff has not given area of the suit property either in para 2(a) or in
para 32 of the plaint. Now, the plaintiff wants to bring the area of the
suit premises on record with description of Hotel Sharda run by the
plaintiff's son. As there is controversy between the parties in respect of
valuation of the subject matter of the suit and area of the suit premises
is crucial for proper valuation of the suit premises as well as for
adjudication of the suit, present chamber summons can be allowed.
Hence, I pass the following order :
ORDER
1. Chamber Summons No. 1792/2021 is made absolute in
terms of prayer clause (a).
2. The plaintiff is directed to carry out amendment in the
plaint on or before the next date of hearing.
3. Proceeding of Ch/s No. 1792/2021 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 01/12/2022. Mumbai.
1. Dictated on : 01/12/2022.
2. Transcribed on : 02/12/2022.
3. Corrected on : 05/12/2022.
4. Signed on : 05/12/2022.
5. Delivered to Certified :
Copy Section on
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Ch/s No. 1792/21 in S.C.Suit No. 1353/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/12/2022. 5.05 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 01/12/2022.
Judgment/Order signed by P.O. on 05/12/2022.
Judgment/Order uploaded on 05/12/2022.
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