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Final Order 1

CNR MHCC01004812201918 Feb 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 18 Feb 2020 · CNR MHCC010048122019

Order Details: Chamber summons
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IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100936/2019
1. Ashok Rambahu Yedekar 2. Dlilip Eknath Ghadge Vs Nandakumar Thakur
Date : 18-02-2020
Business : Advocate Geeta Bhoir for Plaintiff present and filed
rejoinder to reply of Chamber Summons no.936/19 filed by
Defendant, t.o.r. Copy served upon
Defendant&amp#039s advocate. Advocate Rahul Raut
for Defendant present Perused Chamber Summons,
affidavit filed in support and affidavit of reply filed by
Defendant. Heard Plaintiff&amp#039s advocate about
Chamber Summons no.936/19. Also heard
Defendant&amp#039s advocate. On perusal of
Chamber Summons, it is noticed that Plaintiff has made
prayers for substantive relief for permitting Defendant to
reconstruct suit premises and further for declaration that
demolition of suit premises is illegal and without following
due process of law. It is noticed that those payers are not for
amendment in the plaint but they are for substantive relief
like declaration and directions, hence Chamber Summons is
not maintainable, therefore I proceed to pass following
order- ORDER Chamber Summons no.936 of 2019 stands
disposed as dismissed with liberty to Plaintiff to take out
fresh Chamber Summons for making proper prayers in
Chamber Summons. Case is adjourned to 03/04/2020 for
Steps.
Nature of Disposal : DISMISSED
Disposal Date : 18-02-2020
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