Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 179422 IN SUIT 113712
MHCC010122322022
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1794 OF 2022
IN
SUIT NO.1137 OF 2012
Hiranyakeshi Sahakars Patpedhi
MYDT Mumbai ] ...Plaintiff.
Versus
Smt. Shantabai Ramchandra Pawar ]…Defendants.
Appearance:
Ld. Advocate B.A. Pawar for Plaintiff.
Ld. Advocate Redekar for Defendant.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 16/1/2022
ORAL ORDER
1) Plaintiff has taken out present Chamber Summons for allowing him to
delete the prayer clause (a), (b) and (c) in chamber summons
No.1940/16 and to allow it to insert prayer clause as per schedule
annexed with the chamber summons.
2) Perused the Chamber Summons, affidavit in support of chamber
summons, reply of defendant No.8 and record. Heard arguments
advanced by Ld. Advocate for plaintiff and Ld. Advocate for defendant
No.8. As other defendants were absent they could not be heard.
3) From the record it appears that plaintiff has taken out chamber
summons No.1940/16 and for various reliefs including the relief of
amendment of the plaint as per schedule. From the affidavit in support of
chamber summons it appears that inadvertently the prayer clause (a),
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(b), (c) and (d) are mentioned in the chamber summons. From the
affidavit in support of chamber summons and submission of the plaintiff
it appears that the said chamber summons No.1940/16 is taken out by
plaintiff only for permitting plaintiff to carryout amendment in the plaint
as per schedule therein and prayer clause (a), (b), (c) and (d) are
inadvertently written in the chamber summons No.1940/16. By the
present chamber summons plaintiff wants to carry out correction in the
chamber summons No.1940/16 by deleting the unwanted prayer clause
(a), (b), (c) and (d) from chamber summons. The proposed
amendment/corrections in the chamber summons No.1940/16 appears
necessary for proper adjudication of chamber summons No. 1940/16. No
prejudice is likely to be caused to the defendants if the present chamber
summons is allowed.
4) Considering the matter on record and above discussion in the interest
of justice as per section 151 of Code of Civil Procedure present chamber
summons deserves to be made absolute. Hence, court proceeds to pass
the following order :
ORDER
1) Chamber Summons No.1794 of 2022 is made absolute.
2) Plaintiff shall carry out the amendment/corrections as per schedule in
Chamber Summons No. 1940 of 2016 within 14 days from the date of this
order.
3) Chamber Summons No. 1794 of 2022 is disposed off accordingly.
Date : 16/1/2023. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :16/1/2023.
Typed on : 16/1/2023.
Draft received on:17/1/2023.
Checked on :18/1/2023.
Corrected & signed on :18/1/2023.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19/1/2023 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
16/1/2023.
JUDGMENT/ORDER signed by P.O.
on
18/1/2023.
JUDGMENT/ORDER uploaded on 19/1/2023.
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