Full Order Text
Final Order 1 · 07 Mar 2019 · CNR MHCC010000662019
Order Details: Chamber summons Pdf Text: 1 CS 122019 in SC SU No.44717 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI CHAMBER SUMMONS NO.12 OF 2019 (CNR No.MHCC010000662019) IN SHORT CAUSE SUIT NO.447 OF 2017. (CNR No.MHCC010009972017) Shri.Vasant Mahadeo Bhosale & Anr. }...PLAINTIFFS. Versus Smt. Vanita Krishna Bhose and Anr. }...DEFENDANTS. Shri.Bhimrao A. Powar, learned advocate for the plaintiffs. Smt. Prabhu, learned advocate for defendant No.6/MHADA. CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12) O R A L O R D E R (Delivered on 07/03/2019) 1. This Chamber Summons is taken out for bringing on record the heirs & legal representatives of deceased plaintiff No.1. Read the affidavit filed in support of Chamber Summons and reply filed by advocate for defendants. Perused the entire record. 2. Contention raised in the affidavit filed in support of the Chamber Summons about causing death of plaintiff No.1 on 1/10/2018 is supported by copy of death certificate hence, said contention is acceptable. It is contended that the persons named in para1 of affidavit are heirs and legal representatives of deceased plaintiff No.1. Relationships of those persons with deceased plaintiff No.1 are given in the supporting affidavit. There is no specific denial to the relationships of those persons with deceased plaintiff from the side of defendants hence, said contention is acceptable. I found no force in the objection of learned advocate for defendant No.1 that Succession Certificate is necessary to be obtained for claiming rights in the suit premises. I am satisfied that cause of action to proceed with the suit is surviving in favour of legal heirs of deceased plaintiff No.1 after his death and -- 1 of 3 -- 2 CS 122019 in SC SU No.44717 hence, I pass the following order. O R D E R 1. Chamber Summons No.12 of 2019 is allowed in terms of prayer clauses(a) and (b). 2. Amendment shall be carried out on or before next date. Date: 07/03/2019. (P.P.RAJVAIDYA) Dictated on : 07/03/2019. Judge, C.R.No.12, Transcribed on : 08/03/2019. City Civil Court, Checked on : 08/03/2019. Gr. Bombay. Signed on : 08/03/2019. -- 2 of 3 -- 3 CS 122019 in SC SU No.44717 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 11.03.2019 at 1.30 p.m. Mrs.Rupali S. Bhor UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA (C.R.No.12) Date of pronouncement of Order 07.03.2019 Order signed by P.O. on 08.03.2019 Order uploaded on 11.03.2019 -- 3 of 3 --