Order 1

Order Details: Chamber summons
Pdf Text: CNR NO. MHCC010073992018. .1. CH/S. No. 1034/2018 in
L.C. Suit No. 1034/2016
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1034 OF 2018.
IN
L.C. SUIT NO. 1634 OF 2016.
Bhushan Samant and the Others. ……………… …. PLAINTIFFS.
V/s.
Jitendra Amritlal Sheth and the Others. …… .… DEFENDANTS.
CORAM : A.G. Santani.
(Court Room No.11).
DATED : 20th August, 2022.
APPEARANCES :
Mr. G.M. Joshi, Ld. Advocate for the Plaintiffs.
Mr. Mohit Goyal, Ld. Advocate for Defendant Nos.1 to 4.
Mr. Sunil C. Khandagale, the Ld. Advocate for Defendant No.5.
*****
01. Plaintiff Nos. 2 and 5 to 9 have taken out the this Chamber
Summons (for short the Ch/s.), for deletion their names by carrying out
amendment in the cause title of plaint. Perused the Ch/s., their affidavit
(except plaintiff No. 6) and say of the defendants. Heard both the sides.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether plaintiff Nos. 2 and 5 to 9
may be permitted to withdraw from
this suit ?..…….......…………………….. .....Yes.
(ii). What Order ? .............…....................... …. As per final Order.
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CNR NO. MHCC010073992018. .2. CH/S. No. 1034/2018 in
L.C. Suit No. 1034/2016
REASONS FOR THE FINDINGS
AS TO POINT NO.1 :
03. By filing this Ch/s., plaintiff Nos. 2 and 5 to 9 came with a
specific case that they have filed L.C. Suit Nos. 2031/2016, 2008/2016,
2039/2016, 2000/2016, 2029/2016, 2010/2016 and the present suit.
Further, the said suits were heard by the Court and the Order, passed in
the said suits, is operating against them. They realized that they can't be
the party in any other suit of the same cause of action and the said fact
was not within the knowledge of plaintiff Nos. 1, 3 and 4 at the relevant
time. Hence, their names may be deleted as the plaintiffs from this suit.
Defendant Nos. 1 to 4 gave 'no objection' for considering this Ch/s. and
defendant No. 5 objected this Ch/s. on the ground that the plaintiffs are
trying to escape from the Order, which may be passed against them.
04. Having considered the rival stands, at the outset, it is worth
to be noted that initially, by filing this suit, the plaintiffs prayed for the
restraining Order against the defendants to dispossess them from the
suit premises along-with the other ancillary reliefs. Now, in view of the
Ch/s. plaintiff Nos. 2 and 5 to 9 prayed for deletion of their names from
the suit as they did not wish to continue with it. Needless to say that the
plaintiffs are the Masters of their suit and if they are not willing to
continue this suit, this litigation can not be forced upon them. Even,
plaintiff No.1, by filing his affidavit (Exhibit 04) desired to proceed with
the suit. That apart, no prejudice would be caused to the defendants, if
these plaintiffs are allowed to withdraw from the suit. At this juncture,
it is to be noted that though by this Ch/s. plaintiff Nos. 2 and 5 to 9 are
praying for their deletion, it is not specifically singed by plaintiff No. 6.
However, the fact remained that this Ch/s. is preferred by his advocate
on record and therefore, it is considered even for plaintiff No. 6. Hence,
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CNR NO. MHCC010073992018. .3. CH/S. No. 1034/2018 in
L.C. Suit No. 1034/2016
I answered point No.1 in the affirmative and in answer to point No. 2, I
pass the following Order :
-: O R D E R :-
(i). Chamber Summons No. 1034/2018 is made absolute
in terms of prayer Clause (a) and (b) only.
(ii). The plaintiffs are called upon to carry out the proposed
amendment in the plaint, positively within two weeks
from the passing of this Order and to file copy of amended
plaint simultaneously.
(iii). Costs to follow the event.
(iv). Chamber Summons No. 1034/2018, accordingly, stands
disposed of.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 20.08.2022. City Civil Court, Mumbai.
Dictated on : 20.08.2022.
Transcribed on : 22.08.2022.
Signed on : 22.08.2022.
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CNR NO. MHCC010073992018. .4. CH/S. No. 1034/2018 in
L.C. Suit No. 1034/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 23.08.2022 at 4.30 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
20.08.2022.
Judgment /Order signed by P.O. on 22.08.2022.
Judgment/Order uploaded on 23.08.2022.
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