Full Order Text
Order 1 · 26 Oct 2018 · CNR MHCC010043062018
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100626/2018 Umesh Namdeo Waghmare Vs Vinod Namdeo Waghmare And Ors Date : 26-10-2018 Business : Adv. Ms. Bhandari for plaintiff present. D-1 in person present. His advocate absent. Heard Ld. Counsel for plaintiff in CS No.626/2018. Despite seeking time on 27.3.2018, the proposed defendant has not filed reply to CS no. 626/2018. By this chamber summons, the plaintiff is seeking permission to add the new developer as defendant no.6 to the suit and to bring on record subsequent developments. The D-1 and 4 had appeared in person on 28.4.2018 and they were granted time to file reply to the CS. However, today D-1 is present in person but he has not filed reply. On perusal of the schedule annexed to the CS, I find that proposed amendment does not change the nature of the suit and it is necessary for the effective adjudication of the suit. Hence chamber summons no.626/2018 is made absolute in terms of prayer clause(a). Necessary amendment be carried out in two weeks. Amended copy of the plaint be filed in the court with copy to the other side. The NM no. 17/2014 was filed by the plaintiff seeking injunction to restrain the defendants from disturbing the possession of the plaintiff and from creating third party interest. There is no dispute that the original suit premises are now demolished and the new building is being constructed. In view of the subsequent developments, the notice of motion no.17/2014 has become infructuous and disposed of. The plaintiff is at liberty to file a fresh notice of motion if necessary. Nature of Disposal : ALLOWED Disposal Date : 26-10-2018 COURT 3 ADDL. SESSIONS JUDGE -- 1 of 1 --