Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 948 OF 2019
IN
SUIT NO. 2272 OF 2014
(CNR NO.MHCC01-011286-2014)
1. Sarjuddin Rawal Kori & Ors. ...Plaintiffs.
V/s.
1. Pankaj Goswal & Ors. ...Defendants
And
1. Maharashtra Housing and Area Development
Authority & Ors. ...proposed
defendants.
Appearances:
Plaintiff present in person.
Learned advocate Sakina Electricwala for defendant no.1.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 14/10/2021.
ORDER
This is a chamber summons taken out by the plaintiffs for adding
parties as defendants. This chamber summons is resisted on behalf of
defendant no.1. Remaining defendants are not filed their reply.
2. Read the present chamber summons taken out by the plaintiffs.
Perused affidavit of plaintiff no.3 Kamleshkumar Sarjuddin Kori in
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support of this chamber summons. Heard learned counsel on behalf of
defendant no.1.
3. On scrutiny of the pleadings and proposed amendment, the
plaintiffs have submitted that during the pendency of the suit, the
plaintiffs made an application dated 03/07/2018 to the defendant no.3
and defendant no. 3 by their reply dated 04/01/2019 directed to the
proposed defendant no.5 to provide alternative accommodation and to
look into the matter. The plaintiff states that the proposed defendant
nos. 1 to 3 are necessary parties and therefore the plaintiffs want to
make amendment in the plaint.
4. Advocate for defendant no.1 has submitted that necessary order
may kindly be granted after considering facts and circumstances of the
matter.
5. On scrutiny of the proposed amendment, I am of the view that if
the proposed amendment is to be allowed, then the nature of the suit
will not be changed. It will not cause any hardship to the defendants.
Moreover, in order to resolve dispute, it will help for deciding on merit.
Therefore, I inclined to allow this chamber summons taken out by the
plaintiff. Hence, I proceed to pass following order.
ORDER
1. Chamber summons No.948/2019 is hereby allowed as prayed for.
2. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment within stipulated period.
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3. Chamber summons No.948/2019 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :14/10/2021. Gr. Mumbai
Dictated on: 14/10/2021
Transcribed on: 14/10/2021
HHJ signed on: 14/10/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
14/10/2021 at 4.30 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar)
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
14/10/2021
Judgment/order signed by P.O. on 14/10/2021
Judgment/order uploaded on 14/10/2021
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