Final Order 1

Order Details: Chamber summons
Pdf Text: CS 75118 in SU 897994 : 1 : Dt. 04.05.2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 751 OF 2018
IN
SUIT NO. 8979 OF 1994
(HIGH COURT SUIT NO. 4133 OF 1994)
1. Mrudula B. Jadhav
2. Mayur B. Jadhav
3. Namrata B. Jadhav ...Plaintiffs
Versus
1(a) Madan Balkrishna Jadhav
1(b) Ulhas Balkrishna Jadhav
1(c) Rajendra Balkrishna Jadhav
1(d) Sarita Sadanand Mohite
1(e) Maya Vilas Mohite
1(f) Kalyani Gautam Mohite
1(g) Sunita Nitin Chavan
1(h) Reshma Ramakant Jadhav
2(a) Harshad Pandurang Jadhav
2(b) Sujata Shantaram Tambe
2(c) Sheela Murlidhar More
2(d) Jyoti Pandurang Jadhav
2(e) Sushma Praveen Sawant
2(f) Priya Pramod Jadhav
2(g) Pratish Pramod Jadhav
3. Jagdish Dharma Jadhav
4(a) Avinash Manohar Jadhav
4(b) Vishal Manohar Jadhav
4(c) Rasika Vinod Jadhav
5. Malati Pandurang Gamare
6(a) Smt. Sulbha Shataram Tambe
6(b) Surekha Milind Tambe
6(c) Sanket Milind Tambe
6(d) Samiksha Milind Tambe
6(e) Rukhmini Balram Jadhav
6(f) Rajashri Rajendra Jadhav
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7(a) Mrs. Madhuri Madhukar Tambe
7(b) Mrs. Minal Milind Shinde
7(c) Mrs. Harshali Harish Tambe
8(a) Neelima Nilkant Tambe
8(b) Rakesh Nilkant Tambe
8(c) Triveni Nilkant Tambe
8(d) Durga Nilkant Tambe
8(e) Reshma Mahesh Padelkar
8(f) Kshitija Anil Jadhav
8(g) Aarti Parag Mahadik
9. Anant Shivram Sawant
10(a) Smt. Pratibha Shivram Sawant
11. Madhukar Shivram Sawant
12. M/s. Joy Construction House ...Defendants
Adv. Ms. Deepali Khare for Plaintiffs present.
Adv. Ms. Sandhya Lokhande for Defendant
Nos. 1(a) to 1(h), 2(a) to 2(g), 3, 4(a) to 4(c), 5,
6(b) to 6(f), 7(a) to 7(c) and 8(a) to 8(g) present.
CORAM : HHJ DR (SMT.) SRISHTY NEELKANTH
(C.R. NO.02)
DATED : 4th MAY, 2018
ORDER
This Chamber Summons has been filed by Plaintiffs for
amendment in the name of Defendant No. 6 (e).
2. The background of this case is that when the Consent
Terms (Exh. 3) was filed by the plaintiffs and the defendants Nos. 1(a)
to 1(h), 2(a) to 2(g), 3, 4(a) to 4(c), 5, 6(b) to 6(f), 7(a) to 7(c) and
8(a) to 8(g) on 17.03.2018, during the process of identification of the
parties it was seen that the defendant no. 6(e)'s name appearing on the
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title cause of Plaint was mentioned as Rukhmini Balaram Jadhav
whereas the party who was claiming to be defendant no. 6 (e), her
name was Anita Balaram Jadhav. She had no proof to show that
Rukhmini and Anita i.e. herself was one and the same person. As a
result present Chamber Summons was taken out.
3. Chamber Summons filed by the plaintiff is supported by an
affidavit stating that Rukhmini B. Jadhav and Anita B. Jadhav were one
and the same person. It is also supported by affidavit cum Declarations
of Vanita Shantaram Tambe (Defendant no. 6) to state that Anita and
Rukhmini was one and the same person.
4. The learned advocate of defendant no. 6 did not oppose the
Chamber Summons.
5. Thus, considering the circumstances before me, I am of the
opinion that the Chamber Summons deserves to be allowed. Hence, the
following Order is passed :
ORDER
1. Chamber Summons No. 751 of 2018 is allowed.
2. Amendment to be carried out by next date.
(Dr. Srishty Neelkanth)
Judge
City Civil Court,
Gr. Bombay.
Date : 04.05.2018.
Dictated on : 04.05.2018.
Transcribed on : 04.05.2018.
Signed on : 04.05.2018.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
04.05.2018 at 5.00 p.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
DR(SMT) SRISHTY NEELKANTH (C.R.
No.02)
Date of Pronouncement of
JUDGMENT/ ORDER
04.05.2018
JUDGMENT/ORDER signed by P.O.
on
04.05.2018
JUDGMENT/ORDER uploaded on 04.05.2018
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