Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS No.571-2021 in SU-4047-2008
IN THE CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO.571 OF 2021
(CNR No.MHCC01-004462-2020)
IN
SUIT NO.4047 OF 2008
(CNR No.MHCC01-005136-2008)
Satinder Pal Sigh Ahuja }...PLAINTIFF.
Versus
Panna Rajendra Prasad Shroff & Ors. }...DEFENDANTS.
AND
Bharat Kumar Mangilal Jain }...RESPONDENT.
------------------------------------------------------------------------------------------------,
Shri Akshay Pawar, learned advocate for the plaintiff.
Shri.Kulkarni, learned advocate for defendant No.1(a), 2 & respondent.
Shri. Jariwala, learned advocate for defendant Nos.3 and 4.
------------------------------------------------------------------------------------------------
CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.No.62)
-----------------------------------------------------------------------------------------
O R A L O R D E R
(Delivered on 09/11/2021)
1. By filing this Chamber Summons, defendant Nos.3 and 4
have claimed reliefs as under;
a. That the Hon’ble Court be pleased to direct the plaintiff to add
the respondent as the party defendant as defendant No.5 to the suit as
per the Schedule ‘1’ appended to this Chamber Summons.
b. That the defendant Nos.3 and 4 be permitted to carry out
amendment to the Notice of Motion No.1362 of 2018 by adding the
respondent as defendant No.5 thereto.
2. Read the affidavit filed in support of Chamber Summons
and reply filed by the plaintiff, defendant No.1(a) and 2 and by the
respondent. Heard learned Shri.Jariwala advocate for defendant Nos.3
and 4, learned Shri.Akshay Pawar advocate for the plaintiff and learned
Shri.Kulkarni advocate for defendant Nos.1(a), 2 and respondent.
-- 1 of 4 --
2 CS No.571-2021 in SU-4047-2008
Perused the entire record.
3. Learned advocate for defendant Nos.3 and 4 submitted that
defendant No.1(a) and 2 have sold the suit property to the respondent
by executing sale deed dtd.24/12/2019 hence, respondent is necessary
and proper party to the suit. Learned advocates for the plaintiff,
defendant No.1(a), 2 and respondent submitted that they have no
objection to join the respondent as party defendant No.5 to the suit. In
view of those submissions and being satisfied that it is necessary to join
the respondent as party defendant to the suit to completely and finally
adjudicate upon the controversy involved in the matter, Chamber
Summons deserves to be allowed in terms of its prayer clause (a).
4. So far as the relief claimed in terms of prayer clause (b) of
the Chamber Summons is concerned, learned advocates for defendant
No.1(a), 2 and respondent submitted that said prayer cannot be
accepted. Notice of Motion No.1362 of 2018 is taken out by defendant
Nos.3 and 4 for seeking relief of temporary injunction and for
appointment of Court Receiver. Relief of temporary injunction in the
said Notice of Motion is claimed against plaintiff, defendant No.1(a)
and 2. Now defendant Nos.3 and 4 themselves have come with a case
that third party rights are already created in favour of the respondent.
Defendant Nos.3 and 4, if want, can take out a separate Notice of
Motion for seeking those reliefs against the respondent and hence, this
court is of the opinion that relief claimed in the Chamber Summons in
terms of prayer clause(b) cannot be accepted. Thus, an order.
O R D E R
Chamber Summons No.571 of 2021 is allowed in terms of
prayer clause(a) only.
Plaintiff is directed to carry out amendment in plaint as per
-- 2 of 4 --
3 CS No.571-2021 in SU-4047-2008
Clause(1) of the Schedule within two weeks from today. After the
amendment is carried out as above, plaintiff shall be at liberty to
apply for consequential amendment.
Date : 09/11/2021. (P.P.RAJVAIDYA)
Dictated on : 09/11/2021. Judge, C.R.No.62,
Checked on : 09/11/2021. City Civil Court,
Signed on : 09/11/2021. Mumbai.
-- 3 of 4 --
4 CS No.571-2021 in SU-4047-2008
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11.11.2021 at 4.00 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.62)
Date of pronouncement of Order 09/11/2021
Order signed by P.O. on 09/11/2021.
Order uploaded on 11/11/2021.
-- 4 of 4 --