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2014 Supreme(Bom) 2122

R.M.SAVANT
Mount Mary Enterprises – Appellant
Versus
Jivratna Medi Treat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Yashmin E. Tavaria
For the Respondents: P.S. Dani and G.H. Keluskar

JUDGMENT :

R.M. Savant, J.

1. The writ jurisdiction of this Court is invoked against the order dated 22nd November, 2013 passed by the learned Judge of the City Civil Court, Greater Mumbai, by which order, the Chamber Summons for amendment of the plaint, so as to amend the jurisdiction clause, came to be rejected. It is required to be noted that the suit in question has been filed principally for the following reliefs:

"The plaintiff therefore prays that:--

a. the plaintiff is entitled to a declaration by this Hon'ble Court that the Articles of Agreement dated 26th December 2002 executed by and between Smt. Yashodabai yashwant Shahade, the landlord (since deceased) allegedly through her Constituted Attorney Yatin Raoji Shahade and the defendant No. 1 is illegal, invalid and thus null and void as the same is executed without authority to do so.

b. (Deleted)

c. Pending the hearing and final disposal of the suit, this Hon'ble Court be pleased to appoint the Court Receiver, High Court, Bombay or some other fit and proper person as receiver for the said premises i.e. premises No. 16 situated on the first floor of the structure known as Yashwant Niwas situated at N.C. Kelkar Road, Dadar (West)





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