Final Order 1

Order Details: Chamber summons
Pdf Text: CS 1942 of 2019 1 Dt. 11/08/2021
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1942 OF 2019
IN
S.C.SUIT NO. 2280 OF 2019
CNR NO. MHCC010111192019
Supriya Pandit
Through her POA
Vishal Pandit ...Applicant.
In the matter between
Supriya Pandit ...Plaintiff.
V/s.
Shubhangi Kulkarni & Anr. ...Defendants
APPEARANCES:
Adv. Vishal Navale for plaintiff .
Adv. Ravindra Singh for Defendant No. 1.
Adv. Akshata Kohli I/b S. C. Pal for Defendant No. 2.
CORAM : HHJ SHRI A.H.LADDHAD
DATE : 11/08/2021
(C.R.NO.3)
ORDER
1. The plaintiff has filed instant Chamber Summons for
addition of parties to the suit.
2. It is contended by the plaintiff that after filing of suit, she
came to know that defendant no. 1 vide Sale Deed dated
20.11.2018, transferred the suit premises to proposed party
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CS 1942 of 2019 2 Dt. 11/08/2021
defendants. Therefore, they are necessary parties. Hence, plaintiff
prayed to allow the present Chamber Summons.
3. The defendant no. 1 by filing reply opposed the Chamber
Summons on the ground that on the basis of original cause of
action, the present Chamber Summons to add subsequent
purchasers as party defendant is not maintainable. The plaintiff
could have file fresh suit against subsequent purchaser.
4. Heard both the sides. Perused Chamber Summons, reply and
plaint, the plaintiff filed instant suit for declaration and injunction
with respect to suit property. She has claimed 50% share in it. It is
her case that after filing of suit she came to know that the
defendant no. 1 transferred the suit property to propose
defendants.
5. In my view, the subsequent purchaser is necessary party,
without which the lis can not be decided. Therefore, in my view,
the present Chamber Summons needs to be allowed in the interest
of justice. Thus, I proceed to pass the following order :
ORDER
1. Chamber Summons No. 1942 of 2019 is hereby allowed in
terms of prayer clause no. (a) to (c).
2. Plaintiff to carry out necessary amendments in the plaint
within 14 days from the date of order and thereafter, issue writ of
summons to the proposed defendants.
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CS 1942 of 2019 3 Dt. 11/08/2021
3. In view of the above, Chamber Summons No. 1942 of 2019
stands disposed of accordingly.
(A.H.LADDHAD)
DATE: 11/08/2021 ADDITIONAL SESSIONS JUDGE
GRATER MUMBAI
Dictated on : 11/08/2021
Transcribed on : 11/08/2021
Draft submitted on : 11/08/2021
Checked on : 12/08/2021
Signed on : 12/08/2021
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CS 1942 of 2019 4 Dt. 11/08/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/08/2021 at 4.00 p.m. (Ms. V. V. Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.56)
Date of Pronouncement of
JUDGMENT/ ORDER
11/08/2021
JUDGMENT/ORDER signed by
P.O. on
12/08/2021
JUDGMENT/ORDER uploaded
on
12/08/2021
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