Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. Sum. No.13/2018 in Suit No.7375/2002
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 13 OF 2018
CNR NO.: MHCC010000792018
IN
SUIT NO. 7375 OF 2002
(HIGH COURT SUIT NO. 967 OF 2002)
Geeta Harshad Vasa and others ...Plaintiffs
Versus
Arun Motilal Vasa and another ...Defendants
And
Mrs. Meena Arun Vasa ...Respondent
Appearances:
Advocate Mr. Chinmay Gupte for the plaintiffs.
Advocate Mr. Shettigar for the defendants.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 9th DECEMBER, 2019.
ORAL ORDER
This is a Chamber Summons taken out by the defendant to set
aside the abatement of suit against defendant No.1 and condone delay
in bringing the legal heirs of deceased defendant No.1 on record.
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:2: Ch. Sum. No.13/2018 in Suit No.7375/2002
2. Defendant No.2 has stated that defendant No.1 died on 7th May,
2010, leaving behind Will dated 5th December, 2009 by which deceased
bequeathed all his right, title etc. in favour of his wife, the respondent.
3. He has further stated that plaintiffs are aware about the death of
defendant No.1 and also that Mrs. Meena Vasa is the legal heir of
deceased defendant No.1 and inspite of this no steps taken by plaintiffs
to bring the legal heirs of deceased No.1 on record.
4. He has further stated that after death of defendant No.1, he and
plaintiff came together for settlement of entire dispute and there were
several meetings. He has further stated that the settlement of talks
could not proceed and they were failed.
5. He has further stated that while making sincere efforts to settle
the matter, steps to bring the legal heirs of deceased defendant No.1
were not taken and there was delay in taking out the Chamber
Summons. He has further stated that he did not take immediate steps to
bring the heirs of defendant No.1 on record under the bonafide belief
that once the matter is settled and the terms of settlement are finalized
between the parties, he will take steps to bring the legal heirs of the
deceased defendant No.1. He has further stated that in the interest of
justice, abatement of suit be set aside and prayed to condone delay in
preferring Chamber Summons.
6. Plaintiffs have neither filed any reply nor opposed all such
contentions of defendants.
7. According to defendants, there were talks of settlement between
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:3: Ch. Sum. No.13/2018 in Suit No.7375/2002
the parties and therefore, steps were not taken to bring legal heirs on
record. Such contention has remained unchallenged and unopposed by
plaintiff. In the interest of justice to give an opportunity to parties to
fight case on merits, it will be proper to allow to bring legal heirs on
record. Hence, following Order :
ORDER
Chamber Summons No.13 of 2018 is allowed and disposed of.
(SONALI P. AGARWAL)
Judge,
Date: 09.12.2019. City Civil Court,
Gr. Bombay.
Dictated on : 09.12.2019
Transcribed on : 09.12.2019
Signed on : 09.12.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.12.2019 At 04:58 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
09.12.2019
Judgment/Order signed by P.O. on 09.12.2019
Judgment/Order uploaded on 10.12.2019
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