Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/s.2010/2019
MHCC010114582019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
COMMON ORDER
IN
CHAMBER SUMMONS No.2010 OF 2019
AND
CHAMBER SUMMONS No.2047 OF 2019
IN
SUIT NO. 1776 OF 2018
1. Mr. Jalaluddin Hakumallha & Ors. … Plaintiffs
Vs.
1. Mr. Haji Tayab Tar Mohammad & Ors. … Defendants.
Appearance
Learned Advocate Mr. Omkar Sawant i/b Mr. J.K.Shah for the plaintiffs.
Ld. Advocate Mr. Rishab Jain for defendant No.5
CORAM : HHJ V. M. Pathade
(C.R.NO.62)
Date : 9th November, 2023
COMMON ORDER
By these chamber summons the plaintiffs would seek to
amend the plaint and the notice of motion No.3685/2018. The opposite
party did not file any reply to these chamber summons. The trial in the
suit has not yet commenced and the suit and the said NM proceeding
are in the preliminary stage. The defendants do not appear to have
filed their written statement. The proposed amendments do not appear
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to be have the effect of changing the nature of the suit. In this view of
the matter I do not find any just ground to refuse the chamber
summons. Hence, chamber summons Nos.2010/2019 and 2047/2019
seeking amendment in the plaint and the notice of motion
No.3685/2018 deserves to be allowed. Hence, I proceed to pass
following order:-
Order
1. The Chamber Summons No. 2010 of 2019 and the Chamber
Summons No. 2047 of 2019 are made absolute in terms of prayer
clause (a) thereof.
2. The plaintiffs shall carry out amendment in the plaint and
notice of motion accordingly and tender amended plaint and
amended notice of motion on record and furnish its copies to the
other side by next date.
3. Both the Chamber Summons stand disposed of accordingly.
Date : 09.11.2023 (V. M. Pathade)
Dictated on : 09/11/2023. Judge, C.R.No.62,
Transcribed on : 09/11/2023. City Civil Court,
Signed on : 10/11/2023. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.11.2023 at 4.05 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. V.M. PATHADE
(C.R.No.62)
Date of pronouncement of Order 09/11/2023
Order signed by P.O. on 10/11/2023
Order uploaded on 10/11/2023
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