Full Order Text
Final Order 1 · 24 Apr 2019 · CNR MHCC010002422019
Order Details: Chamber summons Pdf Text: Ch.s.31/2019 in Suit 1279/2017 1 CNR.NO.MHCC010002422019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.31 of 2019 IN CITY CIVIL COURT SUIT NO. 1279 of 2017 Smt. Vimal Ramchandra Nimbalkar. .... Plainitff Versus Mrs. Shashikala Sukhdeo Khapule ….Defendant Adv. Keshav Borade for Plaintiff. Adv. Patankar for plaintiff. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Asstt. Judge CR no. : 32 Dated : 24th April, 2019 ORDER . Applicant taken out this chamber summons to implead her as a executor under the will of deceased Vimal Nimbalkar. 2. It is the contention of the applicant that deceased Vimal Nimbalkar had executed the will dated 01.05.2014 in her favour therefore, an executor of will she is entitled to proceed with the suit, Hence this Chamber Summons. 3. Defendant tendered the reply the will dated 01.05.2014 is imagination and creation of applicant. The applicant was the employee -- 1 of 3 -- Ch.s.31/2019 in Suit 1279/2017 2 with the plaintiff in order to grab her property. Therefore, on the basis unregistered will applicant is not entitled to implied as a party in the suit. Hence Chamber Summons be dismissed with costs. 4. Heard Ld.Adv.Keshav Borade for applicant and Adv. Patankar for defendant. 5. I have perused the copy of death certificate of plaintiff and will dated 01.05.2014. Plaintiff is expired on 25.11.2018 and Chamber Summons is taken out on 17.12.2018. Plaintiff died issueless. Applicant being the executor of the will dated 01.05.2014 ask for to implied her has a party plaintiff in the place of plaintiff as right to sue survive in her favour by virtue of will. Ld.Adv. Shri. Keshav Borade has place reliance on – Ramniklal Amritlal Shah & Bhupendra Impex Pvt Ltd. & ors. 2001 (2) ALL MR 592. 6. It has been laid down that a legatee or executor of the will can lay her claim under the will even without probate certificate. In the instant case, no doubt applicant yet not applied for probate but she can proceed with the suit by virtue of will at this stage. Whether, on the basis of the will dated 01.05.2014 her entitlement in the suit property will be decided on merit. Therefore, at this stage applicant can be brought on record proceed with the suit by deleting the name of plaintiff by virtue of will dated 01.05.2014. Hence I pass the following order. -- 2 of 3 -- Ch.s.31/2019 in Suit 1279/2017 3 ORDER 1. Chamber Summons is made absolute in terms of prayer clause. 2. Plaintiff is directed to comply accordingly. Date : 24.04.2019 (Pushpa N. Rao) Ad hoc Judge Bombay City Civil Court Gr. Mumbai Dictation Direct typed on computer : 24.04.2019 Signed by HHJ on : 24.04.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF TYPIST 25/04/2019 at ( 5.50p.m.) Mr. S.D.Mahure Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 Date of Pronouncement of JUDGMENT/ORDER 24/04/2019 JUDGMENT/ORDER signed by P.O.on 24/04/2019 JUDGMENT/ ORDER uploaded on 25/04/2019 -- 3 of 3 --