Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1205-2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1205 OF 2019
IN
L.C. SUIT NO.1158 OF 2019
CNR NO.:-MHCC01-006795-2019
Jitendra Jayantilal Shah … Plaintiff
Vs.
Anil Shankarrao Chawan & Ors. … Defendants
AND
M/s. Anuwrita Reality Pvt. Ltd. Builder &
Developer
...Proposed Defendant
Appearances:
Ld. Adv B.A. Singh for the plaintiff.
Ld. Adv. Tiwari for defendants No.1 to 4.
Ld. Adv. Trivedi for defendant No.6
CORAM : HIS HONOUR JUDGE
SHRI. R. S. PAVASKAR
(C.R.NO.12)
DATED : 10th FEBRUARY 2021
ORAL ORDER
The plaintiff has taken out this chamber summons under
Order I Rule 10 of the Code of Civil Procedure, 1908.
2. Heard the learned Advocates for the plaintiff and
defendants No.1 to 4 and 6.
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CS No.1205-2019
3. The plaintiff has filed the present suit for getting a
permanent alternate accommodation in place of Flat No.6, First Floor,
Sharda Kutir, Dr. Ambedkar Road, Mulund (W), CTS No.1258, 1258/1
to 8 of Village Mulund (W), Mumbai 400 080 which is being developed
by the proposed defendant No.4. From the affidavit filed in support of
chamber summons, it seems that defendant No.4 has appointed
Anuwrita Reality Pvt. Ltd. to develop the suit property. The plaintiff,
therefore, intends to implead Anuwrita Reality Pvt. Ltd. as defendant
to the present suit.
4. Considering the nature of the suit, to my mind, the
presence of Anuwrita Reality Pvt. Ltd. is necessary for a complete and
final adjudication of the question involved in the present suit. Anuwrita
Reality Pvt. Ltd. is, thus, a necessary party to the present suit. It is,
therefore, necessary to allow the plaintiff to join Anuwrita Reality Pvt.
Ltd. as defendant to the present suit Consequently, I hold that chamber
summons deserves to be allowed in terms of prayer clause (a) and
proceed to pass the following order:-
ORDER
1. Chamber Summons No.1205 of 2019 is
allowed in terms of prayer clause (a).
2. Permission is granted to plaintiff to implead
as defendant No.7.
3. Necessary amendment be carried out in the
plaint as per the Schedule to the chamber summons
on or before the next date.
4. Costs shall be costs in the cause.
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CS No.1205-2019
5. Chamber Summons No.1205 of 2019 is
accordingly disposed of.
Sd/-
R. S. PAVASKAR
Judge,
Dated : 10/02/2021 City Civil Court, Gr. Bombay
Dictated on : 10/02/2021
Transcribed on : 10/02/2021
HHJ signed on : 10/02/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
15.02.2021 10.46 a.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Shri. R.S. PAVASKAR (CR 12)
Date of Pronouncement of
JUDGEMENT /ORDER
10.02.2021
JUDGEMENT /ORDER signed by
P.O. on
10.02.2021
JUDGEMENT /ORDER uploaded
on
15.02.2021
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