Final Order 2

Order Details: Chamber summons
Pdf Text: 1 C/S. No.1427/19 (SC No.1726/13)
MHCC010079392019
Presented on : 20/07/2019
Registered on : 20/07/2019
Decided on : 03/04/2024
Duration : 4 Y 8 M 15 D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO.1427 OF 2019
IN
SHORT CAUSE SUIT No. 1726 OF 2013
Dr.(Mrs.) Anjali Dilip Beke ... Plaintiff
Versus -
Dr.(Mrs.) Sarojini Damodar Sathe & Ors. … Defendants
And
Mr. Ameya Suhas Sathe … Respondent
CORAM : HIS HONOUR JUDGE
SHRI. R. R. BHAGWAT
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 03/04/2024.
Appearance :-
Mr. Salil Dabke, Advocate for the plaintiff.
Ms. Pallavi Kadam, Advocate for defendant No.1.
Mr. Suneet Moholkar, Advocate for defendant No.2.
O R D E R
The plaintiff has taken out chamber summons for joining
the respondent as party defendant No.4 in the suit and to amend the
plaint as per schedule annexed with the chamber summons. Perused
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2 C/S. No.1427/19 (SC No.1726/13)
affidavit in support, affidavit in reply of the respondent and affidavits in
replies of defendants No.1 and 2. Heard Ld. Counsel Mr. Salil Dabke for
the plaintiff, Ld. Counsel Ms. Pallavi Kadam for the respondent and
defendant No.1 and Ld. Counsel Mr. Suneet Moholkar for defendant
No.2.
2. On perusal of the record, it appears that the plaintiff has
claimed 1/4th share in the suit premises. During pendency of the suit,
defendant No.1 executed Gift Deed dated 14.12.2015 in respect of the
suit premises in favour of the respondent. For this reasons, the plaintiff
felt the necessary to add the respondent as defendant No.4 in the suit.
Ld. Counsel Pallavi Kadam drew attention of the court towards Exh.D
annexed to affidavit in reply of the respondent and submitted that
Hon’ble Bombay High Court had made specific observations in order
dated 21.07.2011 passed in Suit (Lodging) 1586/2011 that the order
dated 10.06.2011 did not prevent the mother-defendant No.1 from
selling the property. She further submitted that there was no order
restraining defendant No.1 from creating third party rights in the suit
premises. She requested to consider all contentions in affidavits in
replies filed by the respondent and defendant No.1. She has given no
objection to allow the chamber summons. The respondent and
defendant No.1 have given no objection to allow the chamber summons
in concluding paras of their respective affidavits in replies. Similarly, Ld.
Counsel Mr. Suneet Moholkar for defendant No.2 drew attention
towards para 9 in affidavit in reply of defendant No.2 and submitted
that he has no objection to allow the chamber summons.
3. Considering all above discussions, proposed amendment is
necessary to bring on record subsequent development and to add
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3 C/S. No.1427/19 (SC No.1726/13)
successor in title of defendant No.1 as party to the suit. Hence, I pass
the following order :-
O R D E R
1] Chamber Summons No.1427/2019 in Suit No.1726/2013 is made
absolute in terms of prayer clauses (a) and (b).
2] The plaintiff is directed to carry out amendment in the plaint on
or before next date of hearing.
3] Proceeding of Chamber Summons No.1427/2019 in Suit
No.1726/2013 is closed.
Date : 03/04/2024. ( R. R. Bhagwat )
Judge City Civil Court,
Gr. Bombay.
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4 C/S. No.1427/19 (SC No.1726/13)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.04.2024 at 10.45 a.m. ( Samruddhi Jadhav)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R.R. Bhagwat (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
03/04/2024
JUDGMENT/ORDER signed by
P.O.on
03/04/2024
JUDGMENT/ORDER uploaded on 04/04/2024
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