Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1038 OF 2019
IN
L.C. SUIT NO. 1707 OF 2018
(CNR NO. MHCCO10054752019)
Mohan Maruti Tapase )...Plaintiff.
Versus
Anjana Maruti Tapase and Ors. )...Defendants.
And
Smt.Vandana Suesh Tapase )...Respondent.
Appearance:
Advocate Ms. Vaibhavi Pawar for plaintiff.
Advocate Mr. Sutar for MMC.
Adv. Mr. Rahul Thorat for defendant nos. 1 to 4.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 8th JULY, 2019.
(C.R.No.06)
O R D E R
This Chamber summons is taken out by the defendant nos.
1 to 4 for directing the plaintiff to add to the respondent as defendant
no.7. This chamber summons is resisted on behalf of the plaintiff by
filing reply on chamber summons. Heard both the Ld.counsels on behalf
of both the sides at length. Read the present chamber summons and
reply thereon. Perused the record.
2. The Ld. advocate on behalf of the defendant nos. 1 to 4
has submitted that the present suit came to be filed by the plaintiff for
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partition and injunction. The plaintiff has failed to make party to the
present respondent Smt. Vandana Tapase who is wife of deceased
Suresh Tapase who was admittedly the brother of the plaintiff and
defendant nos. 1 to 4. The present respondent has legal right and share
as been legally wedded wife of deceased Suresh Tapase. She is the
necessary party in this present suit. Therefore, it is directed to the
plaintiff to make respondent Smt. Vandana Tapase as defendant no. 7.
The Ld. advocate on behalf of the plaintiff has resisted this chamber
summons by filing reply by itself..
3. After hearing the arguments advanced on behalf of both
the sides and after perusal of contents of chamber summons and reply,
admittedly the respondent Smt. Vandana Tapase was the wife of
deceased Suresh Tapase who was real brother of the plaintiff and
defendants. Therefore, certainly the respondent Smt. Vandana Tapase is
the necessary party in the present suit. If this chamber summons is to
be allowed and directed to plaintiff to make respondent as defendant
no.7, then it will not cause any injustice on the part of defendants.
Therefore, I am inclined to pass following order.
ORDER
1. Chamber Summons No. 1038/19 is hereby allowed as prayed for.
2. The Plaintiff and his advocate are hereby directed to record the
name of respondent Smt. Vandana Suresh Tapase as defendant no. 7 by
making amendment in the plaint within stipulated period.
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3. Chamber Summons No.1038/19 is disposed of accordingly.
Date : 08.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 08.07.2019
Transcribed on: 09.07.2019
Signed by HHJ: 09.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.07.2019 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
08.07.2019
Judgment/order signed by P.O on 09.07.2019
Judgment/order uploaded on 09.07.2019
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