Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 986 OF 2018
IN
SUIT NO. 1481 OF 2016
(CNR NO.MHCC01-007159-2018)
Mr.Niranjan Uttamchand Sachdev ...Plaintiff.
V/s.
1. Mr.Murlidhar Uttamchand Sachdev ...Since deceased
1(a) Mr. Rajesh Murlidhar Sachdev & ors. ...Defendants
And
1. Mrs. Daksha Mahesh Mehta & Ors. ...Respondents
Appearances:
Ld. advocate R.R.Sharma for plaintiff.
Ld. advocate Rahul Sachadev for deft nos. 2 and 3.
Ld. advocate Nishith Sharma for deft Nos 4 to 6.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 22/10/2021.
ORDER
This is a chamber summons taken out by the plaintiff for adding
proposed defendants and making amendment in the plaint. This
chamber summons resisted on behalf of the proposed defendants by
filing their say and remaining defendants have not filed reply on this
chamber summons.
2. Read the present chamber summons, reply on behalf of the
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proposed defendants. Perused record. Heard arguments of learned
counsel on behalf of plaintiff and learned counsels on behalf of the
defendant nos. 2 to 6.
3. On scrutiny of this chamber summons, it appears to me that the
plaintiff has submitted that during pending of this suit, the defendant
nos. 2 and 3 illegally and without having any such authority and
power sold the suit property to the proposed defendant nos.11, 12 and
13 jointly by Sale Deed dated 02/02/2018, which was registered on
12/02/2018,vide Document No.BDR-4/1631/2018 dated 12/02/2018.
The copy of Sale Deed dated 02/02/18 is filed on behalf of the plaintiff
along with this chamber summons.
4. Learned counsel on behalf of the defendants have resisted this
chamber summons by arguing that present suit is filed for partition and
therefore proposed defendant Nos.11,12 and 13 are not necessary party
to the suit.
5. After hearing arguments on behalf of both the sides at length, on
scrutiny of the pleadings and on perusel of the record, it appears to me
that the present suit filed in the year 2016 and during pending of this
suit the defendant nos.2 and 3 transferred the suit property in favour of
the proposed defendant Nos. 11,12 and 13, by way of Sale Deed dated
02/02/2018. Therefore, to that effect, it is necessary to the plaintiff for
making amendment in the plaint as mentioned in the schedule along
with this chamber summons.
6. On perusal of the record, it appears to me that the trial is not
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begin. If the proposed amendment is to be allowed, then it will not
cause any hardship to the defendants. Moreover, to decide real
controversy in between the parties, it requires to allow this chamber
summons. Hence, I proceed to pass following order.
ORDER
1 Chamber summons No. 986/2018 is hereby allowed as prayed for.
2 The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3 Chamber summons No.986/2018 is disposed off accordingly.
Sd-
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :22/10/2021. Gr. Mumbai
Dictated on: 22/10/2021
Transcribed on: 22/10/2021
HHJ signed on: 23/10/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
23/10/2021 at 12.30p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar)
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
22/10/2021
Judgment/order signed by P.O. on 23/10/2021
Judgment/order uploaded on 23/10/2021
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