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Court Order

Final Order 1

CNR MHCC01007475201831 Aug 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 31 Aug 2018 · CNR MHCC010074752018

Order Details: Chamber summons
Pdf Text: Page-1
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IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101053/2018
Kahini Developers Pvt Ltd Vs 1. Mr. Amin Khan E Sirguroh 2. Ashoka Shopping Centre Premises
Co-op Society Ltd
Date : 31-08-2018
Business : Adv. Dubhash for the Plaintiff present. Adv. Mathew for D-1
present. Adv. P Ranjan for D-2 present. Reply tendered by
respondent in Ch/S. TOR. D-1 and 2 have failed to file reply
to Ch/s, hence no reply order in Ch/S 1053/18 is passed
against D-1 and 2. Heard Ld. Adv. for the plaintiff and
defendants No.1 and 2 and respondent. It seems from the
reply of the respondent that the respondent is in the
possession of the suit godown since much more than 6
months prior to filing of the present suit. Present suit is filed
u/s. 6 of the Specific Relief Act and, therefore, considering
the fact that respondent is in possession as on today, the suit
godown he being the necessary party, Chamber summons is
to be allowed in the interest of justice. Hence, I proceed to
pass the following order. ORDER 1. Chamber summons
no.1053/18 is made absolute in terms of prayer clause (a) and
(b). 2. The plaintiff is hereby directed to carry out amendment
as per the schedule annexed to the Chamber Summons on or
before next date and further directed to place on record
amended copy of the suit plaint and also furnish amended
copy of the suit plaint to defendant No.1 and 2 and newly
added defendant No.3. 3. Newly added defendant No.3 is
directed to file written statement on next date. 4. Chamber
summons stands disposed of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 31-08-2018
COURT 1 ADDL SESSIONS JUDGE
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