Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1867 OF 2019
S.C. SUIT NO.1015 OF 2018
(CNR NO.MHCC01-010593-2019)
Mrs.Veluben Narendra Nandu )...Plaintiff.
Versus
1.M/s.Yasodhan Developers Pvt.Ltd. & Anr. )...Defendants.
Appearance:-
Ld.advocate Shri Vimlesh Singh for plaintiff.
Ld.advocate Mr.Furia for defendant no.2.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :27/02/2020 (C.R.No.31)
ORDER
This is a chamber summons taken out by the plaintiff for making
amendment in the plaint. This chamber summons resisted on behalf of
the defendant no.2 by filling his reply. Read the present chamber
summons, affidavit of the plaintiff , Reply of the defendant no.2. Heard
both the learned counsels on behalf of both the sides at length. Perused
the record.
2. In the present chamber summons taken out by the plaintiff, the
plaintiff has submitted that the plaintiff has filed the present suit on
28/08/2017 for Specific Performance of the Agreement dated
30/10/2012. The defendant no.2 filed affidavit in reply dated
16/07/2019 to the notice of motion no.2825/2018 filed by the plaintiff
in the present suit and under the said affidavit in reply dated
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16/07/2019, the defendant no.2 for the first time alleged that the
defendant no.2 through his advocate notice dated 8/7/2019,
terminated the suit agreement dated 30/10/2012.
3. On scrutiny of the proposed amendment and after hearing the
arguments advanced on behalf of both the parties, it appears to me
that the plaintiff wants to make subsequent event happened after filing
the present suit. On perusal of the record, it appears that yet the issues
are not framed. It means the trial has not begin. Therefore, I am of the
opinion is that if the proposed amendment is to be allowed, then it will
not change the nature of the suit. Moreover, in order to adjudicate real
controversy in between the parties and if the proposed amendment is to
be allowed, it will not cause any injustice on the part of the defendants.
Therefore, I inclined to allow the present chamber summons taken out
by the plaintiff. Hence, I proceed to pass following order.
ORDER
1. Plaintiff's chamber summons no. 1867/2019 is hereby allowed as
prayed for .
2. The plaintiff and her advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons no. 1867/2019 is hereby disposed off accordingly.
(R.V.Kokare)
Judge,
Date : 27/02/2020 City Civil Court, Gr. Bombay.
Dictated on : 27/02/2020
Directly dictated on
Computer: 27/02/2020
Signed by HHJ: 28/02/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/02/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
27/02/2020
Judgment/order signed by P.O on 28/02/2020
Judgment/order uploaded on 28/02/2020
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