Final Order 1

Order Details: Chamber summons
Pdf Text: CH/S No.585/2020 ..1.. L.C. Suit No.2445/2017
MHCC01-004617-2020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 585 OF 2020
(CNR NO. : MHCC01-004617-2020)
IN
L.C. SUIT NO. 2445 OF 2017
Smt. Rajshree Shreekanth Devrukhkhar )
Aged 50 years, Hindu Indian Inhabitant )
Residing at Row House – 66, Sector-6, )
Near Police Station, Koparkhairane, )
Navi Mumbai – 400 709, Occ. Business, )
Off. Owner/Occupier – Jay Maharashtra )
Kandabatata, Shop No.3, Balkrishna )
Raghunath Gawade Municipal Market, )
Dr. G. Bhosale Road, Worli Naka, )
Mumbai – 400 018 )....Plaintiff
VERSUS
1. M/s Cosmos Realty Developers )
A partnership firm having a registered )
office at Cynthiendra, 3rd Floor, Gokhale )
Road, (North), Near Portuguese Church, )
Dadar (West), Mumbai – 400 028 )
2. Assistant Commissioner )
Market Department, Municipal )
Corporation of Greater Mumbai, Mumbai )....Defendants
AND
Mrs. Shashikala Ramesh Patankar )
Aged 57 years, Hindu Indian Inhabitant )
Residing at Zo 114, Siddharth Nagar )
Zopadpatti, Dr. Annie Besant Road, )
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CH/S No.585/2020 ..2.. L.C. Suit No.2445/2017
Worli, Mumbai – 400 018 )....Applicant
APPEARANCE:-
Ld. Adv. Mr. Sivoj Sule for the applicant.
Ld. Adv. Mrs. Anu Naik for the plaintiff.
Ld. Adv. Mr. D’silva for the defendant No.1
Ld. Adv. Mrs. Nita Jadhav h/f Adv. Mrs. Dipali Patil for defendant No.2.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 02nd MARCH, 2021.
ORDER
This Chamber summons is taken out by applicant to add
her as party defendant in this suit.
2. Read the averments in affidavit filed along with chamber
summons.
3. Heard learned advocate for plaintiff, applicant and
defendant/BMC. Perused the proceeding. Applicant claims that she has
purchased the property from plaintiff. Plaintiff has supported the
averments in the affidavit in support of chamber summons. The copy of
agreement to sell is not a registered document but notarized copy.
Because plaintiff is not objecting the chamber summons and has
supported the factum of sale by her to applicant and is not objecting for
addition of applicant as party, the prayer of applicant needs to be
considered. Defendant No.2 BMC has objected the chamber summons.
Parties have also submitted that they are negotiating the matter. As
plaintiff is dominus litis of his suit, and he having no objection and the
objection of defendant No.2 BMC has no base and support, the
chamber summons of applicant deserves to be allowed. Consequently, I
proceed to pass following order -
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CH/S No.585/2020 ..3.. L.C. Suit No.2445/2017
ORDER
1. Chamber Summons No.585/2020 moved by applicant is
hereby allowed.
2. Plaintiff shall carry out proposed amendment within stipulated
time.
3. Costs in cause.
4. Chamber Summons No.585/2020 is accordingly disposed of.
(SMT C.P. Jain)
Ad-hoc Judge, (C.R.No.06)
Date : 02.03.2021 City Civil Court, Gr. Bombay
Directly dictated on com :02.03.2021.
Checked on :03.03.2021.
Signed on :03.03.2021.
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CH/S No.585/2020 ..4.. L.C. Suit No.2445/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 05.03.2021, 12.01 pm.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
02.03.2021
JUDGMENT/ORDER signed by P.O.
on
03.03.2021
JUDGMENT/ORDER uploaded on 05.03.2021
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