Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/s 748/18 IN LC SU 310/09
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.748 OF 2018
IN
L.C.SUIT NO.310 OF 2009
Mr.Kundapur Nagraj Mahabal Shet ... Plaintiff
Versus
Mr.Gulambhai Gheewala and Ors. ... Defendants
Coram : H.H.Shri Sanjay N. Yadav, Judge
(Court Room No.05)
Date : 27th March, 2019.
Mr.Khair, advocate for plaintiff.
Mr.Mujib Khan for defendant No.1.
Mr.Smt.Patil, advocate for defendant/BMC.
O R D E R
1. Heard Advocates for plaintiff and defendants.
2. The plaintiff by this chamber summons seeks to add defendant
numbers 4 to 9 as defendants in the suit. The plaintiff further seeks to
add Para No.1A to 1B. It is pointed out in the chamber summons that
the defendant No.1 has transferred the suit premise in the name of
defendant No.2 society in favour of defendant Nos.5 to 10 in view of
consent terms dated 12.02.2018 and award dated 12.02.2018 passed
in terms of consent terms in arbitration proceedings.
3. The Ld.Adv.prays that his application be allowed. The
Ld.Adv.for the MCGM submits to the order of the Court.
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2 Ch/s 748/18 IN LC SU 310/09
4. The plaintiff by this chamber summons seeks to bring the
subsequent development in respect of the suit premise. The plaintiff
needs to be permitted to add Para No.1A1B in the plaint as the suit
premises transferred to the proposed defendant Nos.5 to 10. They are
necessary party to the suit. The application needs to be allowed in
result, following order is passed :
ORDER
1. The Chamber Summons No.748/2018 is allowed.
2. The proposed defendant Nos.5 to 10 are added as defendant
Nos.5 to 10 in the plaint.
3. The plaintiff is permitted to add Para No.1A in the plaint.
4. The amendments to be carried out within 14 days. The plaintiff
to file amended plaint and to take steps for the issuance of witness
summons.
5. The plaint be amended as per the schedule mentioned in the
chamber summons.
(Sanjay N. Yadav)
Judge,
City Civil Court, Mumbai.
Dictated on : 27.03.2019
Transcribed on : 27.03.2019
Signed by HHJ on : 28.03.2019
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3 Ch/s 748/18 IN LC SU 310/09
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 28.03.2019 At 12.30 p.m.
NAME OF CLERKTYPIST : Mrs.P. L. Parab
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. No.05
Date of Pronouncement of
JUDGMENT/ORDER
27.03.2019
JUDGMENT/ORDER signed by
P.O. on
28.03.2019
JUDGMENT/ORDER uploaded
on
28.03.2019
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