Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/S No.2329/2019
MHCC010135172019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO. 2329 OF 2019
IN
SUIT No. 4813 OF 2008
Sunil Dalpat Patel … Applicant/Third Party
Harsha Yogesh Kapadia … Plaintiff
Vs.
Jitendra Haridas Udeshi & Ors. … Defendants
And
Mr. Alok Bhattacharyaji … Respondent.
Appearance
Learned Advocate Mr. Padmakar Garad for the Applicant
Learned Advocate Mr. Joshi for the Plaintiff.
Learned Advocate Ruchi Ramani for defendant Nos.1 to 3
CORAM : HHJ V. M. Pathade
(C.R.NO.62)
Date : 26th October, 2023
O R D E R
This chamber summons is taken out by the applicant Sunil
Dalpat Patel, a third party, seeking permission to transfer tenancy in
respect of room No.9 occupied by the respondent namely Mr. Alok
Bhattacharyaji as a tenant in house No.12/14, Bora Bazar Street, Fort,
Bombay in favour of the applicant Sunil Dalpat Patel in terms of the
agreement dated 03.12.2011 entered into between the said respondent
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and the applicant and further to direct defendant Nos.1 to 5 to execute
the document of transfer of tenancy and other necessary documents in
favour of the applicant.
2. Defendant Nos.1 to 3 strongly opposed the chamber
summons by filing their affidavit in reply. It is their contention that the
applicant Sunil Dalpat Patel is neither a party to the suit nor he is in
possession of the suit property. Hence, the applicant has no locus standi
to take out the present chamber summons. It is further stated that the
applicant has taken out similar Chamber Summons bearing
No.1059/2016 and the same came to be dismissed by this Court. Hence,
the present chamber summons would hit by the principle of res-
judicata. It is further their contention that the applicant cannot take
advantage of the noting in roznama dated 02.11.2019 to maintain the
present chamber summons.
3. Heard the learned Counsel appearing for the parties. They
would make their submissions on the lines of the contentions made in
the Chamber Summons alongwith affidavit in support and the affidavit
in reply respectively.
4. From the perusal of the material available on record, it is
an admitted fact that the applicant Sunil Dalpat Patel, is not a party to
the present suit. His similar Chamber Summons No.1059/2016 has
been dismissed by this Court on merits vide order dated 18.09.2019.
The said order attained finality. In this background, though this Court
in roznama dated 02.11.2019 recorded that Shri Garad appearing for
the applicant was unable to attend the Court on the previous date i.e.
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18.09.2019 and was unable to take out fresh chamber summons on
behalf of the applicant and the Court directed the said Advocate Mr.
Garad to seek leave from the Court for filing such Chamber Summons,
the present Chamber Summons cannot be said to be maintainable. I
would thus find force in the submission of the learned Counsel
appearing for defendant Nos.1, 2 and 3. Ultimately, the present
Chamber Summons being not maintainable must fail. Hence, I proceed
to pass the following order :
ORDER
The Chamber Summons No. 2329/2008 stands dismissed.
Date : 26.10..2023 (V. M. Pathade)
Dictated on : 26/10/2023. Judge, C.R.No.62,
transcribed on : 27/10/2023. City Civil Court,
Signed on : 30/10/2023. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
31.10.2023 at 11.10 a.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 26/10/2023
Order signed by P.O. on 30/10/2023
Order uploaded on 31/10/2023
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