Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT - 13
IN
R.A.E. Suit No. 115 of 2024
(MHSCA30003082024)
Shri Nemchand A. Shah and ors. ..Plaintiff
Versus
Isabella Cardoz and anr. ..Defendants
Appearance :
Mr. Yadav A. M.., Ld. Advocate for the plaintiffs
Mr. Lokesh K. Singh Ld., Advocate for the defendant No.2.
Rajesh M. Yadav Ld. Advocate for the intervenor.
Coram: L.B.M.M.A Syed,
Judge,
C. R. No.35,
Date: 12th January, 2026
ORAL ORDER :
The present application is filed by the intervenor
Kokilaben Arjun shah for adding her as a party defendant No.3 in the
present suit.
2. It is the contention of the applicant/intervenor that, she
is the owner of the property bearing CTS No.359, 359/1 to 12
admeasuring 722.2 sq mtr situated at Sahar Taluka Andheri. One
Smt. Rekha Sashikant Jaiswal is the tenant with whom she has
executed tenancy agreement in respect of room No.2 house No.58,
Arjan House, Tak Pakahadi, Sahar, Andheri East, Mumbai 400099.
The said Rekha is paying rent to her and she is issuing rent receipts.
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/January/Orders/Exh-13 RAE 115 of 2024 intervener application of the proposed def
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Said Rekha Sashikant Jaiswal has received the summons of the suit
and she appeared before the Court. She has shown the suit. All the
documents pertaining to the rent is in the name of Rekha.
3. The plaintiffs have filed false case on false ground
suppressing true and correct facts. She is necessary party to the suit.
No harm and prejudice will be caused to the plaintiff if the
application is allowed. She therefore, prayed to allow the application.
4. The plaintiff filed say at Exh.15 and submits that, the
present application is bad and illegal in law. The plaintiff stated that,
the CTS No.359 and 359/1 to 12 are undivided property purchased
by Arjan Shah who was the father of the plaintiff and other legal
heirs. They admitted in para no.1 of the application. They stated that,
Late Khimji Arjan Shah was one of the legal heirs of Late Arjan
Rayshi Shah. They denied that Rekha Shashikant Jaiswal in respect of
room No.2. They further submits that, the tenancy agreement dated
10.01.2012 was executed by Mr. Sanjiv Khimji Shah and Rekha
Sashikant Jaiswal. The said agreement was not executed by the
applicant in favour of room No.2. The rent receipts filed by the
applicant is fraudulent. Lastly, they prayed to reject the application.
5. Heard both Ld. Advocate Rajesh M. Yadav for the
intervenor and Ld. Advocate for the plaintiff. In support of
application the intervenor has filed copy of CTS No.359 in which her
name is appearing. She has also filed the copy of rent receipt for the
period of 01.01.2023 to 01.12.2023. She has also filed the rent
agreement which was executed in between defendant No.2 and her
son. Para No.2 of the plaint and the present application is having the
same room. The applicant/intervenor submits that, she is the
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/January/Orders/Exh-13 RAE 115 of 2024 intervener application of the proposed def
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landlord of the suit premises and in present suit the plaintiffs are
showing that they are the landlords of suit premises. This point has to
be adjudicated at the time of trial. The applicant/intervenor appears
to be necessary party to the suit, her presence is necessary for the
Court to make an effective and complete decree. Therefore, the
application deserves to be allowed. Hence, in this sequel I pass the
following order :
:: O R D E R ::
1. Application is allowed.
2. Plaintiffs are directed to add applicant/intervenor as
defendant No.3 in the present suit and to carry out
necessary amendment.
(Dictated and pronounced in open court)
Sd/-
( L.B.M.M.A Syed,)
Date :12.01.2026 Judge, C. R. No.35
Order dictated on : 12.01.2026.
Order checked and signed on : 12.01.2026.
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/January/Orders/Exh-13 RAE 115 of 2024 intervener application of the proposed def
no.3.odt
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