Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s no.1029/2019 1
IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
CHAMBER SUMMONS NO.1029 OF 2019
CNR NO.MHCCO10054072019
IN
S.C. SUIT NO.204 OF 1990
1. Mrs.Rakhi Asandas Techwani and ors ..Plaintiffs
Versus
1. M/s. Mahesh Associates ..Defendants
and others
and
1. Sabhapati Shivmurti Pandey & anr ..Applicants
Ld. advocate Bhatia for plaintiff No.26
Ld. advocate Nikhil Rajeshirke for plaintiff no.32
Ld. advocate Bhavin Gada for plaintiff nos.13(a) to 13(e)
Ld. advocate Ms.Babita Kesharwani for defendant nos.14(c), 18
and 21
Ld. advocate Pandey for applicants
Ld. advocate M.L.Kukreja with adv. Deven Dhurve i/b Adv.
Devang Shah for defendant no.3
Ld. advocate M.L.Kukreja for defendant nos.1 and 2
CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI
DATE: 05/10/2019
ORAL ORDER
1. This chamber summons is tendered by the applicants
for impleading them as party defendants.
2. Heard. The applicants claim to have entered into an
agreement in respect of flat no.106 from original
plaintiff no.4. The plaintiff no.4 has filed the suit for
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Ch/s no.1029/2019 2
specific performance of the contract. The applicants
claim to be the subsequent purchasers. The
applicants have annexed registered agreement for
sale.
3. Defendant no.2 has filed the reply and opposed the
chamber summons on the ground that the agreement
entered into between the applicants and plaintiff
no.4 is neither properly stamped nor registered and
therefore it is not admissible.
4. It appears that the party to the proceedings has
entered into an agreement with the applicants. This
fact is required to be on record for just decision of
the case when the plaintiff no.4 is claiming for
enforcement of her right. It seems that applicant is a
proper party to the suit and therefore this Chamber
Summons needs consideration. Hence, it is
expedient to pass following order:
ORDER
1. Chamber Summons No. 1029/2019 is made
absolute in terms of prayer clause (a) and the
plaintiff is directed to add the applicants as
defendants as per serial.
2. Costs in the cause.
3. Chamber summons is disposed of accordingly
05/10/2019 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 05/10/2019
Transcribed on: 15/10/2019
Signed on : 17/10/2019
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Ch/s no.1029/2019 3
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
17/10/19 at 6.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
05/10/2019
Judgment and order signed by P.O. 17/10/2019
Judgment/order uploaded on 17/10/2019
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