Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.952 OF 2018
IN
LONG CAUSE SUIT NO.1837 OF 2017
1.Pravin Kumar Vallabhji & Ors. ....Plaintiff s
V/s
1. Municipal Corporation of
Greater Mumbai ....Defendant
AND
Mulund Yogesh Coop.Housing
Society. ....Applicant
Appearances:
Ld.Advocate Nayana G.Pardeshi for applicant.
Ld. Advocate Mukesh Chheda for the Plaintiff.
Ld. Advocate Mrs.Mhatre for defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
C.R.No.8
DATED : 08th February, 2019
ORAL ORDER
By way of instant Chamber Summons the applicant society has
prayed to add it as party defendant in the suit. The principle objection
of the plaintiff is that the said applicant has used defendant Corporation
as machinery to settle private dispute and therefore, the same is not at
all necessary party. Ld.Counsel for the applicant has pointed out that in
plaint paragraph no.1 it is clearly mentioned that the applicant society
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is owner of the building wherein suit premises is situated. In view of
judgment of Hon'ble Bombay High Court in the case of Aijaz @ Azaz
Mohammed Shaikh V/s MCGM & Ors.[ Writ Petition No.9622 of
2011 judgment dated 22/12/2011], the applicant is not total stranger
or 3rd party. He is interested in the subject matter of the suit, therefore,
Chamber Summons is liable to be granted. Hence, order.
ORDER
1. Chamber Summons No.952 of 2018 is allowed and made absolute
in terms of prayer clause (a) of the Chamber Summons.
2. The plaintiff is directed to carry out amendment in plaint
accordingly and supply one copy of amended plaint to the newly added
defendant on or before next date.
(C.V.MARATHE)
DATE: 08/02/2019 JUDGE
CITY CIVIL COURT
GRATER MUMBAI
Dictated on : 08.02.2019
Transcribed on : 11.02.2019
Signed on : 12.02.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
12.02.2019 at 5.00 P.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI C.V.MARATHE
(C.R. NO.08)
Date of Pronouncement of JUDGMENT/
ORDER
08.02.2019
JUDGMENT/ORDER signed by P.O. on 12.02.2019
JUDGMENT/ORDER uploaded on 12.02.2019
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