Final Order 1

Order Details: Chamber summons
Pdf Text: Date
29.01.2024
13
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
SU 397/2019
CS 1229/2019
NM
1730/2022
NM 761/2019
Adv.Sarita Donde present for plaintiff.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Leave extended till next date for register chamber summons which
was tendered by tendered by plaintiff on 05.05.2022.
Order on Chamber Summons No.1229 of 2019
Perused chamber summons, reply of defendant Nos.1 to 4. heard
learned counsel of plaintiff, defendant Nos.1 to 4 and learned
counsel of newly added defendant no.5.
Heard learned counsels for all parties. This chamber summons is
filed with intention to bring subsequent relevant events on record. It
is contended that the plaintiff challenged notice dated 31.12.2018
by this suit. Subsequently on 22.02.2019 defendant nos.1 to 4
passed eviction order. Plaintiff desires to incorporate pleadings in
respect of said eviction order and prayers against it. It is opposed on
the ground that plaintiff took six months to file this chamber
summons. Plaintiff could have filed chamber summons immediately
after eviction order was passed.
Having considered rival contentions and facts of the case, the
plaintiff desires to bring subsequent events on record with intention
to avoid multiplicity of proceedings. It will not change nature of
suit. Hence, it deserves to be allowed. Accordingly I pass following
order;
ORDER
1. Chamber Summons No.1229 of 2019 is allowed.
2. Plaintiff to carryout necessary amendment within four weeks.
3.Chamber Summons No.1229 of 2019 stands disposed off
accordingly.
Matter adjourned for Compliance and Ch/s. Hearing to 15.02.2024.
Judge
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