Final Order 1

Order Details: Chamber summons
Pdf Text: 1
MHCC010119972019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.2109 OF 2019
(CNR NO.MHCC01-011997-2019)
IN
L.C. SUIT NO.1884 OF 2021
Omkar Realtors Projects Private Limited ….Applicant.
(Proposed Defendant No.4)
In the matter between :
Ramesh Ramchandra Kanojia & Ors. ….Plaintiffs.
V/s.
Municipal Corporation of Gr. Mumbai & Ors. ....Defendants.
Appearance :
Adv. Akash Bhogil i/b V. Shukla & Associates for plaintiff.
Adv. Amar Patil for defendants / BMC.
Adv. Rehan Ghojaria for applicant (proposed defendant No.4).
CORAM : HIS HONOUR JUDGE
SHRI. R.V. BHAKTA
(COURT ROOM NO.06)
DATE : 03rd DECEMBER, 2025.
ORAL ORDER
This Chamber Summons taken by the applicant to add him as a
party of the Suit.
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2. The applicant averred that, he is a Developer and developing the
property adjacent to the suit property. For that purpose, he has also
entered into the LOI (Letter of Intent) in respect of adjoining plot.
According to the applicant that, he has also made necessary applications
before the BMC for the merger of the suit plot alongwith the adjacent
plot which he is developing. Therefore, he may acquire right in future to
develop the suit property. As a result, his interest is involved in the suit
property. On these grounds, he has taken this Chamber Summons to
add him as a party of the Suit.
3. The plaintiff has taken strong objection to this Chamber
Summons on the ground that the applicant is neither necessary party
nor proper party. He added that, the applicant do not have any interest
in respect of suit property and therefore, he can not be added as a party
of this Suit, rather the Suit can be decided in his absence. On these
grounds, prayed to dismiss the Chamber Summons.
4. I have gone through Chamber Summons, say and heard both the
parties.
5. It is pertinent to note here that, it is the case of applicant himself
that he is a Developer and taken an adjacent plot of the suit property for
the redevelopment. According to him that, he may get interest to
develop the suit property in future as he has also submitted application
before BMC for the merger of the suit plot which he has taken for the
redevelopment. In my view, this fact clearly shows that the applicant do
not have any present interest in the suit plot, rather he is hoping to get
interest in future. In these circumstances, when the applicant do not
have any interest in the suit property, he can not be added as a party of
the Suit. Furthermore, the suit can be decided in his absence therefore,
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neither he is a necessary party or a formal party and hence, Suit can be
decided in his absence. As a result, I do not find any merit in the
Chamber Summons taken by the applicant. Hence, following order.
ORDER
Chamber Summons No.2109 of 2019 is hereby dismissed and
disposed of, accordingly.
(R.V. BHAKTA)
Judge,
City Civil Court,
Date: 03.12.2025 Gr. Bombay.
Dictated on : 03.12.2025
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04/12/2025 05.15 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. R.V. BHAKTA
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
03.12.2025
Judgment/Order signed by P.O. on 04.12.2025
Judgment/Order uploaded on 04.12.2025
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