Interim Order 5

Order Details: Order on Exhibit
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CNR NO.MHSCA-30009232021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.35
IN
R.A.D. SUIT NO.391 OF 2021
1. Mr. Tarachand Mahadeo Dayma and anr. . . Plaintiffs.
Versus
1. Mr. Bhavesh Mohanlal Thakkar and ors. . . Defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 27/9/2023.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of third party
applicant Ghanshyam Udaychand Dayma. By filing present
application it is contended that the applicant is the legal heir and
representative of deceased original owner Dhanibai Jayram Dayma
and proper and necessary party to the present suit. He has filed the
suit against the defendants in respect of the suit property. He is the
co-owner. Another co-owners have filed application to impleadment
them as party which was allowed on 7/10/2022. The applicant
being legal heir and representative of the original owner Dhanibai
Jayram Dayma is the proper and necessary party and therefore,
plaintiff may be directed to implead him as a party defendant in this
suit.
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4. On the other hand, plaintiff by filing reply resisted the
application and submitted that the suit is originally filed against the
defendants, it is not necessary to join the applicant as a party to the
suit, applicant is neither necessary nor proper party for deciding the
cause in the suit, therefore, submitted that application may be
rejected with costs.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings. On perusal of record it appears that the
application Exh.9 was allowed which was filed by one third party
applicant Mamchand Udaychand Dayma contending that he is proper
and necessary party on the basis of Probate of Will. The said
application was allowed and plaintiff is directed to implead him as
defendant No.6 in this suit. It is contended by the applicant that the
applicant is the legal heir of original owner Dhanibai Jayram Dayma
and he is proper and necessary party to the suit, therefore, the
presence of applicant before the Court is necessary for deciding the
controversy between the party and final adjudication of the suit.
Hence, application is allowed. Plaintiffs are directed to implead the
present third party applicant as a defendant in this suit. Necessary
amendment shall be carried out within 14 days.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 27/9/2023. Judge, C. R. No.32.
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