Final Order 1

Order Details: Other
Pdf Text: 31.07.2024
Sr. No.52
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
Suit 3541/11
Ch/s 1612/19
Ch/s 27/20
Adv. N. D. Jaywant for plaintiff present.
None for defendant.
Heard Adv. Jaywant behalf of plaintiff.
Order on Ch/s No.1612/2019 -
Heard Adv. Jaywant for plaintiffs as the suit has proceeded against
defendants, after taking out the present Ch/s, paper publication
was done and service affected Exh.15 was filed. By way of present
Ch/s, plaintiffs wants to amend the suit and para 18(a). According
to Adv. Jaywant it is necessary to carry out the amendment to bring
out the clarity as regards papers of suit No.318/1984, consent
terms and consent decree dated 19.04.1984 found in the year 2010
and according to him by allowing the said application, nature of
suit will not change.
Perusal of the proposed amendment seems to be to bring out clarity
regarding the limitation in filing the suit. Thus the amendment will
not change the nature of the suit. Hence, I proceed to pass
following order.
ORDER
1. Ch/s No.1612/19 is allowed.
2. Plaintiff to carry out amendment with the stipulated period and
to furnish the amended copy.
3. Ch/s is disposed of accordingly.
Order on Ch/s No.27/20 -
Heard Adv. Jaywant for plaintiffs. He submitted that during the
pendency of this suit defendant No.4 Nitin Yeshwant Nagwekar
died on 04.10.2019. The wife, Son and daughter are the legal heirs
who are necessary to be brought on record. Perusal of the copy of
death certificate issued by Municipal Corporation of Gr. Mumbai
reveals defendant No.4 defendant No.4 died on 04.10.2019,
whereas, Ch/s is filed on 22.11.2019. As such it is filed within
limitation. The names of the proposed plaintiffs i.e. legal heirs of
defendant No.4 are given. After death of defendant No.4, the right
to sue survives to the legal heirs. Hence Ch/s needs to be allowed
as prayed. Hence following order.
ORDER
1. Ch/s No. 27/2020 is allowed as prayed.
2. The legal heirs of defendant No.4 be taken on record.
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3. Necessary amendment be carried out within stipulated period.
4. Ch/s is disposed of accordingly.
Matter is adjourned to 13.08.2024 for Compliance.
Judge
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