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Court Order

Final Order 1

CNR MHCC01004008201818 Jun 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 18 Jun 2018 · CNR MHCC010040082018

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100581/2018
1.Dhanashree Narayan More 2.Arvind I. Lokare 3.Mansi G.Munankar 4.Jagdish Dhuri and 258 Ors.
Vs 1.Sarvajanik Navratra Utsav Mandal 2.Ramesh Virthal Sawant 3. Santosh Shridhar Bhalekar
Date : 18-06-2018
Business : Adv. Balasaheb Deshmukh for plaintiff present and
tendered original notice of motion no.1258/2018 alongwith
affidavit and original chamber summons no.581/2018
alongwith affidavit. He also filed affidavit of service with
writ of summons. Adv. Gada for D-5,6 and 9 present. Adv.
Kothari for D-12 present and filed VP on behalf of D-12.
Ld. Counsel for plaintiff submits that D-2 has expired and
seeks time to take steps. As per the affidavit of service filed
by plaintiff, all the defendants are served except D-10.
Hence the Ld. Counsel for plaintiff undertakes to take steps
to serve D-10. CS no.581/2018 is filed by the plaintiff for
amendment of plaint. The Ld. Counsel for plaintiff has
urged that the plaintiff seeks to bring on record the
subsequent developments in the matter. Ld. Counsel for
defendant no.5,6 and 9 submits that he has no objection to
allow the chamber summons without prejudice to the rights
and contentions on merits. Ld. Counsel for defendant no.12
submits that he has filed VP today and therefore he seeks
time to file reply to the chamber summons. The record
shows that the copy of chamber summons was served in
March 2018 and the D-12 was represented by a different
advocate at that time. Mere change of an advocate cannot
be a ground to grant further time to file reply to the
chamber summons. In any case, the issues are not framed
and the trial has not commenced. Hence chamber summons
no. 581/218 is made absolute in terms of prayer clause (a).
Necessary amendment be carried out within two weeks.
Amended copy of the plaint be filed in the court with copy
to the other side by next date.
Nature of Disposal : ALLOWED
Disposal Date : 18-06-2018
COURT 3 ADDL. SESSIONS JUDGE
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