Final Order 1

Order Details: Chamber summons
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MHCC010045462020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.570 OF 2020
IN
S.C. SUIT NO.890 OF 2021
Rupal Maheshchandra Lad …Plaintiff/
Proposed Defendant No.2
IN THE MATTER BETWEEN
1. Arun Sanjay Tiwari
2. Sanat Sanjay Tiwari …Plaintiffs .
Versus.
Sarika Nandkishore Tiwari … Defendant.
Appearance :
Adv. Ashutosh Shukla for plaintiff.
Adv Vipin Chandra for defendants.
Adv. Mukesh Pandey for proposed defendant no.2.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 9th November, 2022.
ORAL ORDER
Perused pleadings and heard advocates for the parties. Plaintiff’s
suit is for the decree of injunction. The plaintiff is not seeking any relief
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against the proposed defendant. From the pleadings it is seen that some
litigation is pending between the parties before the Small Cause Court
and before the City Civil Court. The Ld. Advocate appearing for the
plaintiff would submit that the plaintiff do not want to claim any relief
against the proposed defendant in this suit and therefore, he is not
necessary party.
3. It is settled that the plaintiff is the master of his suit. The plaintiff
do not want to claim any relief against the proposed defendant. There is
no cause of action for plaintiff to claim relief against the proposed
defendant. In such circumstance, proposed defendant cannot be termed
as a necessary party. In the result, chamber summons cannot be
allowed. Hence, following order is passed:
ORDER
Chamber Summons No.570 of 2020 stands dismissed with
costs.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 9.11.2022
Typed on : 9.11.2022
HHJ signed on : 9.11.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 9.11.2022, 6.00 p.m.
UPLOAD DATE AND TIME Ms. K.M.Rana.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
9.11.2022
JUDGMENT/ORDER signed by P.O.
on
09.11.2022
JUDGMENT/ORDER uploaded on 09.11.2022
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