Final Order 1

Order Details: Chamber summons
Pdf Text: CS 897 of 2019 in
Suit No. 2104 of 2014 1 Dt. 30/08/2021
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 897 OF 2019
IN
SUIT NO. 2104 OF 2014
CNR NO. MHCC010045912019
Mr. Nitin Kantilal Gandhi ...Plaintiff.
V/s.
Srushti Raj Enterprises (India) Ltd. ...Defendant
And
Hemlata Dinesh Mali & Ors. ...Respondents
APPEARANCES:
Ld. Adv. Gargi Bhagwat for plaintiff.
CORAM : HHJ SHRI A.H.LADDHAD
DATE : 30/08/2021
(C.R.NO.3)
ORDER
1. The plaintiff has filed instant Chamber Summons with
following reliefs :
(a) That the delay, if any, in taking out the present Chamber
Summons be condoned.
(b) This Hon'ble Court be pleased to permit the plaintiff to
amend the plaint in terms of schedule annexed hereto.
(c) Pending the hearing and final disposal of this Chamber
Summons, the respondents or its servants, agents, or any
other person claiming through them be restrained by a
temporary order and injunction of this Hon'ble Court
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CS 897 of 2019 in
Suit No. 2104 of 2014 2 Dt. 30/08/2021
hereto from in any manner dealing with, disposing of
selling, transferring, alienating, encumbering or parting
with the possession of the flat being Flat No. 604,
admeasuring about 760 sq. ft. carpet area on the 6th
floor in the "B" Wing of the building tentatively named
"Srushti Raj Towers" situated at Plot No. 103, 13th Road,
Tilak Nagar, Chembur, Mumbai 400 089 alongwith one
stilt parking space.
(d) Cost of the present Chamber Summons be provided for.
(e) Such further and other reliefs as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present case.
2. It is the contention of the plaintiff that inspite of pendency of
the suit, the defendant no. 1 created third party interest with
respect to suit property. Therefore, the plaintiff wanted to place
the subsequent development on record. Therefore, he prayed for
allowing Chamber Summons.
3. The respondents although served but, failed to appeared.
The suit is already proceeded exparte against them. I have heard
Ld. Advocate for the plaintiff. Perused Chamber Summons and
Affidavit. The plaintiff filed present suit for specific performance
of the contract with respect to suit property. During pendency, my
Predecessor vide, order dated 28.07.2017 granted adinterim relief
in terms of prayer clause (a), thereby restrained the defendant
from transferring the suit property. As per the contention of the
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CS 897 of 2019 in
Suit No. 2104 of 2014 3 Dt. 30/08/2021
plaintiff, he learned that the defendant on 09.03.2017 executed
Sale Deed of suit flat with Dinesh Mali and Hemlata Dinesh Mali.
Therefore, the plaintiff prayed for adding his name as necessary
party. The plaintiff by way of proposed amendment, does not seek
any other relief which could change the nature of the suit. The
aforesaid amendment is necessary to adjudicate the lis between
the party. Hence, I am of the view that Chamber Summons needs
to be allowed. Thus, I proceed to pass the following order :
ORDER
1. The Chamber Summons No. 897 of 2019 is hereby allowed
in terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendments within a period
of 14 days from the date of order.
3. Chamber Summons No. 897 of 2019 stands disposed of
accordingly.
(A.H.LADDHAD)
DATE: 30/08/2021 ADDITIONAL SESSIONS JUDGE
GRATER MUMBAI
Dictated on : 30/08/2021
Transcribed on : 30/08/2021
Draft submitted on : 30/08/2021
Checked on : 31/08/2021
Signed on : 31/08/2021
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CS 897 of 2019 in
Suit No. 2104 of 2014 4 Dt. 30/08/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/08/2021 at 4.00 p.m. (Ms. V. V. Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of
JUDGMENT/ ORDER
30/08/2021
JUDGMENT/ORDER signed by
P.O. on
31/08/2021
JUDGMENT/ORDER uploaded
on
31/08/2021
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