Final Order 1

Order Details: Chamber summons
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IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.607/2020
IN
SUIT NO.1122 OF 2020
Waris Ali Mohd. Shamim. .. Plaintiff
Versus
Mohammed Shamim Mohd. Yasin. .. Defendant
And
1.Mohammed Faiyaz Subhan.
2.Mushrat Jahan Mohammed Fayyaz
3.Farhat Jahan Mohammed Fayyaz.
4.Ishrat Jahan Mohammed Fayyaz
5.Mohammed Faiz Mohammed Fayyaz ...Applicants/Proposed
Defendants
All resident of Room No.2, Hausil Chawl
Sahakar Road, Paramount Tower,
Jogeshwari (West), Mumbai 400 102.
Advocates
Nuzhat Ansari for the plaintiff.
Abdul Manan Ansari for proposed defendants.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(Court No.: 2)
DATED : 28th October, 2020
ORAL ORDER
Present chamber summons is taken out by proposed defendants
who are legal heirs of Shahjahan, a daughter and one of the legal heir
of Yasin Wali Mohd. Shahjahan was sister of the defendant.
2. Perused chamber summons and proceedings of the case. Heard
advocate for proposed defendants and advocate for the plaintiff.
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Advocate for the plaintiff given no objection to allow the chamber
summons.
3. From the proceedings of the case, it appears that plaintiff filed
the suit against the defendant for injunction restraining him from
dispossessing the plaintiff from suit shop i.e., shop no.7. This Court vide
order dated 14.10.2020 in notice of motion no.1317/2020 granted
temporary injunction against the defendant. Yasin Wali Mohd. was
grandfather of the plaintiff and father of the defendant. Shahjahan was
sister of the defendant. Proposed defendants are legal heirs of
Shahjahan who was the daughter and one of the legal heir of Yasin Wali
Mohd. Suit premises is a tenancy premises still in the name of deceased
Yasin Wali Mohd. Hence their presence is necessary for adjudication of
the suit. Under the facts and circumstances, chamber summons is liable
to be made absolute in terms of prayer clause (a) and accordingly plaint
needs to be amended as per schedule given in chamber summons.
Hence following order.
ORDER
1. Chamber summons no.607/2020 is made absolute in terms of
prayer clause (a).
2. Plaintiff to amend the plaint and serve copy of amended plaint
on proposed defendants on or before next date.
3. Chamber summons no.607/2020 is disposed of.
(Sunil T. Soor)
Judge
Date : 23.10.2020 Gr. Mumbai.
Typed on : 23.10.2020
HHJ signed on : 28.10.2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28.10.2020, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
23.10.2020
JUDGMENT/ORDER signed by P.O.
on
28.10.2020
JUDGMENT/ORDER uploaded on 28.10.2020
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