Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1455/2019 ..1.. Suit No.2366/2018
CNR No.MHCC010082782019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1455 OF 2019
IN
SUIT NO.2366 OF 2018
Smt. Vijyalaxmi Narayan Mamidala .. Plaintiff
Versus
Kumarswamy @ Ravi Ramaswamy Chiluka
and others .. Defendants
And
Shrinivas Dharmayya Bhoga .. Proposed
defendant
Mr. B.A. Powar, advocate for plaintiff
Ms. Neelam More, advocate for defendant No.1 and 2
Mr. H.K. Salian, advocate for defendant Nos.3 and 4
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 22nd November, 2019
ORAL ORDER
Plaintiff has taken out this chamber summons with prayer that
name of proposed defendant Shrinivas Dharmayya Bhoga to be added
as party defendant No.5.
2. It is the contention of plaintiff that from written statement and
documents filed by defendant nos.1 and 2 it is gathered that one of the
suit premises was sold to proposed defendant Shrinivas Dharmayya
Bhoga. Thus they have created third party rights in relation to one of
the suit premises. That being so, it is desirable and in the interest of
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justice it is necessary to implead said Shrinivas Dharmayya Bhoga as
party defendant to the present suit. Accordingly, plaintiff made prayer
in above terms.
3. Defendant nos.3 and 4 filed their reply to said chamber
summons. Defendant nos.3 and 4 supported chamber summons.
4. Defendant nos.1 and 2 filed their say on chamber summons
itself and raised objection to the chamber summons.
5. Proposed defendant failed to remain present despite service of
notice.
6. Perused chamber summons, affidavit in support of it and reply
of defendants. Heard respective counsel for parties.
7. From the copy of documents filed by defendant nos.1 and 2 it is
clear that some documents have been executed in favour of Shrinivas
Ramayya Bhoga relating to one of the suit premises. That being so,
presence of proposed defendant is proper for effective decision of
controversy between the parties. Plaintiff has also sought to add para
23 in consequential to impleadment of proposed defendant. In my
view, said amendment is essential and necessary for just decision of
controversy. Therefore, I am inclined to allow chamber summons.
Hence, pass following order.
ORDER
1. Chamber Summons No.1455 of 2019 is allowed and made
absolute in terms of prayer clauses (a) and (b).
2. Plaintiff is directed to carry out necessary amendment in plaint
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CS No.1455/2019 ..3.. Suit No.2366/2018
and Notice of motion as per schedule annexed to the chamber summons
within period of two weeks from the date of this order.
3. Accordingly, chamber summons is disposed of.
(M. T. Asim)
Judge
Date : 22.11.2019 Gr. Bombay
Typed on : 22.11.2019
HHJ signed on :
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CS No.1455/2019 ..4.. Suit No.2366/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
23.11.2019, 3.40 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
22.11.2019
JUDGMENT/ORDER signed by P.O.
on
23.11.2019
JUDGMENT/ORDER uploaded on 23.11.2019
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