Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 2250/19 in Suit No. 1372/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2250 OF 2019
(CNR NO. MHCC010130202019)
IN
L. C. SUIT NO. 1372 OF 2019
(CNR NO. MHCC010058312019)
Mr.Santosh Mithilesh Singh ...Plaintiff
Versus
Municipal Corporation for Greater Mumbai ...Defendant
And
Mr. Ramawadh Jamanaprasad Yadav ...Applicant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 31st JANUARY, 2020.
Mr. V.T.Dubey, Advocate for Plaintiff.
Ms. Mhatre, Advocate for Defendant / MCGM.
Mr. Shailesh Pansare, Advocate for Applicant.
ORDER
This is a chamber summons taken out by applicant
Ramawadh Jamanaprasad Yadav to implead him as defendant no.2.
Heard Ld. Advocate Mr. Pansare for application at sufficient length.
2. Perused reply submitted by plaintiff. Ld. Advocate Mr.
V.T.Dubey for plaintiff submits that there is lane in between plaintiff
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Ch/s No. 2250/19 in Suit No. 1372/19. 2 Order.
and defendant. Both structures are far away from each other. It is
dispute between plaintiff and M.C.G.M. in respect of notice under
354(A) dated 6/11/2018. It is added that plaintiff cannot compel to
litigate against unwanted defendant.
3. Admittedly, the genesis of the suit is a notice dated
06/11/2018. However, there are numerous complaints submitted by
applicant which was resulted into impugned notice under section
354(A) of M.M.C. Act. On page no.11 two structures are shown.
According to the plaintiff, his structure is not on the suit premises. On
the contrary applicant has approached the Court with a case that
impugned structure came to be erected by the plaintiff on his premises.
Obviously, the presence of applicant is necessary in present suit. Hence,
the order.
ORDER
1. Chamber Summons No.2250/2019 is allowed.
2. Plaintiff to carry out the amendment within two weeks.
3. Applicant be added as defendant no.2.
4. Defendant no.2 is at liberty to submit written statement.
5. Chamber Summons No.2250/19 is disposed off
accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 31/01/2020. Mumbai.
1. Dictated on : 31/01/2020.
2. Transcribed on : 31/01/2020.
3. Signed on : 01/02/2020.
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Ch/s No. 2250/19 in Suit No. 1372/19. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
31/01/2020. 2.50 p.m. Mrs P.R.Wagh
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 31/01/2020.
Judgment/Order signed by P.O. on 31/01/2020.
Judgment/Order uploaded on 03/02/2020.
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