Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 1590-2019 IN S.C. SUIT 1182-2019
MHCC010089642019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1590 OF 2019
IN
S.C. SUIT NO.1182 OF 2019
N. Bhaskaran ] ...Plaintiff.
Versus
The State of Maharashtra & Others]…Defendants.
And
Smt. Anusaya Nivrutti Gaikwad
& Another ]...Proposed Defendants
Appearance:
Ld. Advocate Jeetendra Gautam along with Adv Poonam Pal for
Plaintiff.
Ld. Advocate Subhedar for Defendant No.2/MMRDA.
CORAM : V.G. RAGHUWANSHI
JUDGE, (C.R.NO.08)
DATE : 25/07/2023.
ORAL ORDER
1. Plaintiff filed this chamber summons for amending his plaint. He
prays for introducing two amendments. He wants to change
defendant No.3. He submits that in place of word ‘commissioner’
there should have been ‘deputy collector’ as he is concerned
authority. He wants to add Smt. Anusaya Nivrutti Gaikwad and
Alestin Mawrie as defendant No.6 and 7 because defendant No.4
sold suit property to defendant No.6 and defendant No.6 induct
defendant No.7 in suit property. Therefore, they are necessary
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2 CS 1590-2019 IN S.C. SUIT 1182-2019
parties to the litigation. He also wants to amend prayer clause
and add a prayer to pass mandatory order directing defendant
No.6 and 7 to handover possession of suit premises to the
plaintiff.
2. Ld. Counsel for MMRDA Smt. Subhedar opposed this application.
I have heard both sides. It was contention of Ld. Counsel of
MMRDA Smt. Subhedar that plaintiff cannot make these two
prayer in one application. He should have filed another
application for addition of parties. Applicant is trying to combine
two different prayers in one application.
3. On the other hand, Ld. Counsel for applicant submits that this
amendment are necessary for judicial determination of the case
and technical errors should not be allowed to obstruct the course
of justice. Therefore, discretion needs to be exercised in favour of
applicant. Hence, I pass following order:-
ORDER
1. Application is allowed.
2. Applicant to carryout necessary amendment within two weeks from
today.
Date : 25/07/2023 (Shri. V.G. RAGHUWANSHI)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :25/07/2023.
Transcribed on :26/07/2023.
Signed on :27/07/2023.
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3 CS 1590-2019 IN S.C. SUIT 1182-2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
28/07/2023 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI V.G. RAGHUWANSHI (Court
Room No.08)
Date of Pronouncement of
JUDGMENT/ORDER
25/07/2023
JUDGMENT/ORDER signed by P.O.
on
27/07/2023
JUDGMENT/ORDER uploaded on 28/07/2023
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