Interim Order 1

Order Details: Order on Exhibit
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(CNR No.MHSCA3-00-0439-2024)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.9
IN
R.A.E. SUIT NO. 167 OF 2024
M/s. Laxmi Associates ... Plaintiff
Versus
Mr. Sharad Virjee Gala ... Defendant
And
Avvirahi Infra LLP .. Respondent
Shri Jitendra G. Damani, Ld. Advocate for the plaintiff.
Ms. Pranjal Bhosale h/f. Shri Vishal Kava, Ld. Advocate for the
defendant.
Coram : Smt. J.D. Hushangabade, Judge.
C.R.No.34.
Date : 21.02.2026.
ORAL ORDER :-
1. This is an application filed by partner of the
plaintiff for permission to carry out amendment in the plaint as
per schedule annexed with the application.
2. Perused the application and handwritten say given
by Ld. Advocate for the defendant on the overleaf of the
application. Heard both the sides.
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3. On perusal of record it appears that by deed of
conveyance, plaintiff has transferred and conveyed all their
rights, title and interest in respect of suit property in favour of
respondent. A letter of attornment is given to the defendant
informing about transfer of property. Hence, it is prayed that the
application be allowed. The learned advocate for defendant has
objection for this application and further submitted to leave it to
the court.
4. It is to be noted that in view of registered deed of
conveyance dated 15.05.2025, the plaintiff has transferred its
right, title and interest in respect of the suit property in favour
of respondent. The letter of attornment in view of the same is
been given to the defendant. It appears that as per the
contentions of plaintiff, it is necessary that the respondent be
brought on record and plaintiff can be allowed to carry out
consequential amendment as per schedule annexed with the
application. Therefore, considering the nature of the
amendment and the reason mentioned in the application, in the
interest of justice, it appears necessary to permit the plaintiff to
carry out amendment as per schedule annexed with this
application. No prejudice will be caused to the defendant if the
application is allowed as prayed. Hence, I proceed to pass the
following order:-
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: ORDER :
1. Application Exhibit No.9 is allowed.
2. The plaintiff is permitted to amend the
plaint as per schedule annexed with
the application Exh.9 and also to carry
out consequential amendment, on or
before next date.
3. No order as to cost.
Place : Mumbai (J.D. Hushangabade)
Date : 21.02.2026 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 21.02.2026
Order Checked & Signed on : 23.02.2026
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