Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/S.NO.584/20
MHCC010045482020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO. 584 OF 2020
IN
S.C. SUIT NO. 201 OF 2020
1. Farhan Noor Mohammed Roshan
and Another ...Plaintiffs.
V/s.
1. Royal Realtors & Ors. ...Defendants.
AND
Saeeda Naziruddin ...Proposed
daughter of Naziruddin defendant
Appearance
Mr. Ramesh Mandal and M.A. Khan learned Advocates for the plaintiffs.
Mr. Aditya Khanna learned Advocate for defendant No.2
Ms. Saraswati, learned Advocate for defendant No.3
CORAM : HHJ Rajesh A. Sasne
(C.R.NO.62)
Date : 1st October, 2022
O R D E R
This chamber summons is taken out by the plaintiffs for
amendment in the plaint.
2. The chamber summons is opposed by defendant No.3. No
reply filed by the rest of the defendants.
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3. It is the contention of the plaintiff that in the order passed
in notice of motion No.295/2020 it was observed that the relief of
specific performance ought to have been claimed by the plaintiffs. In
view of reply of defendant No.2 filed in notice of motion, it was noticed
that the name of proposed defendant No.4 is appearing in the list of
tenants of the suit flat. Therefore, the plaintiffs want to carry out
amendment in the plaint bringing these facts on record.
4. It is the contention of defendant No.3 that the suit is time
barred. The chamber summons is filed with ulterior motive to harass
the defendant. There is no reason to add the proposed defendant No.4
as party to the suit. The suit flat has been already alloted to defendant
No.3. With these contentions defendant No.3 has prayed to dismiss the
chamber summons.
5. Heard learned Advocate for the plaintiffs. No arguments of
the defendants. Read the order dated 24.01.2020. In the said order
there is observation that list submitted to BMC and list of MHADA
appears name of proposed defendant No.4 Saeeda Naziruddin. There is
also observation that if said Saeeda is made party to the suit, the
plaintiffs and the defendants will think for settlement. On the basis of
this observation, the plaintiffs have taken out this chamber summons to
add Saeeda Naziruddin as party defendant to the suit and has also
prayed for necessary amendment to that effect.
6. Read the affidavit in support of chamber summons and
affidavit in reply. Read the contentions in the schedule of proposed
amendment. The plaintiff wants to propose amendment for the case of
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specific performance, the amendment is proposed in respect of the facts
related to proposed defendant No.4. In view of the order dated
24.01.2020, the proposed amendment is just and necessary to decide
the real question and controversy between the parties. Hence, I am of
the view that the proposed amendment shall be allowed I am also of the
view that proposed defendant No.4 shall be impleaded in this suit as
party defendant. In the result, I pass following order :
O R D E R
1. Chamber Summons No.584/2020 is allowed.
2. The plaintiffs are allowed to carry out the amendment as per the
scheduled attached with the chamber summons.
3. The plaintiffs are allowed to implead proposed defendant as
defendant No.4 to this suit.
4. Amendment shall be carried out within 14 days.
5. After carrying out the amendment, the plaintiffs shall serve copy of
amended plaint on defendant Nos.1 to 3 and suit summons on
defendant No.4.
6. Chamber Summons is disposed of accordingly.
(Rajesh A. Sasne)
Date : 01.10.2022 Judge,
Dictated on : 01/10/2022 City Civil Court,
transcribed on : 03/10/2022 Mumbai.
Signed on : 04/10/2022
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4 Ch/S.NO.584/20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
04.10.2022 at 5.45 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 01/10/2022
Order signed by P.O. on 04/10/2022
Order uploaded on 04/10/2022
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