Interim Order 1

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000450-2024)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.9
IN
R.A.E. SUIT NO.171 OF 2024
M/s. Laxmi Associates .... Plaintiffs
Versus
Mrs. Ketna Girish Visaria …. Defendant
And
Avirahi Infra LLP …. Respondent/
Proposed Plaintiff
Shri. Jitendra G. Damani, Ld. Advocate for the plaintiffs.
Shri. Vishal Kava, Ld. Advocate for the defendant.
Coram : Shri. S. N. Godbole, Judge.
C.R.No.34 (BB).
Date : 20.09.2025.
ORAL ORDER :-
1. This is an application filed by the partner of the plaintiff
to implead respondent as a party-plaintiff No.2 in the suit by carrying
out amendment in the plaint as per schedule annexed along-with this
application.
2. Perused the application and handwritten say given by
Ld. Advocate for the defendant on overleaf of the application. Heard
both the sides.
3. Perusal of the record, it reveals that this suit is filed for
eviction and permanent injunction on the grounds more particularly
mentioned in the plaint. According to the plaintiff, during the
pendency of the suit, by registered Deed of Conveyance dated
15.05.2025, the plaintiff has sold, transferred and conveyed all their
rights, title and interest in respect of the suit property in favour of the
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respondent. Therefore, the plaintiff wants to add respondent as a
party-plaintiff No.2 in the suit. In support of his contention, the
plaintiff has produced the copy of Index-II of said Deed of
Conveyance along-with present application.
4. It appears from the copy of Index-II of Conveyance Deed
dated 15.05.2025 that the present plaintiff – M/s. Laxmi Associates
has sold/transferred the suit plot of land to the respondent/proposed
plaintiff. Therefore, it appears that the proposed plaintiff is necessary
party. Therefore, considering the nature of the suit and reasons
mentioned in the application, it is just & proper to add the
respondent as party plaintiff No.2. Thus, present application deserves
to be allowed. In the result, I proceed to pass the following order:-
ORDER
1. Application Exhibit No.9 is allowed.
2. The plaintiff is permitted to add
respondent as a party-plaintiff No.2 in
the suit by carrying out amendment in
the plaint as per schedule annexed
along-with this application on or
before next date.
3. The plaintiff to supply the copy of
amended plaint on record and to the
other side.
4. No order as to cost.
Place : Mumbai (S. N. Godbole)
Date : 20.09.2025 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 20.09.2025
Order Checked & Signed on : 22.09.2025
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