Final Order 1

Order Details: Chamber summons
Pdf Text: 04/03/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
36 C.A.
SU 1863/17
Adv Mr. S.N.Kadam for plff. present and filed death certificate
of deft No.2. with pursis in Ch/s No. 47/2020.
Adv Mr. Arun Mishra for deft Nos.3 to 7 present and endorsed
reply on affidavit filed in support of Ch/s No.47/2020 and Ch/s
No.951/2021. He gave oral undertaking that he will file
vakalatnama on next date on behalf of proposed legal heirs of
deceased defendant No.1. He submitted that the reply filed by
defendant Nos.3 to 7 is adopted as their reply by proposed legal
heirs of deceased defendant No.1. He endorsed reply on Ch/s
No.454/2021 on behalf of proposed legal heirs of deceased
defendant No.1.
None present for other defendants.
Other defendants failed to file reply to those Chamber summons
hence, all ch/s to proceed further without reply of other
defendants.
Heard arguments of advocates present today in Ch/s No.47/2020,
Ch/s No.454/2021 and Ch/s No. 951/2021.
ORDER in Ch/s No.47/2020.
Statement made in the affidavit filed in support of the Ch/s
No.47/2020 about causing death of defendant No.2 on
18.10.2019 is supported by the copy of death certificate
produced on record today. Chamber Summons is taken out on
06.01.2020 which is within limitation. Advocate for deft Nos.3
to 7 though objected, he conceded that the persons named in
the schedule are the only HLRs of deceased defendant No.2.
Considering it and as cause of action appears surviving,
Chamber Summons No.47/2020 is allowed as prayed.
Plaintiff to shall carry out the amendment as per prayed within
two weeks from today.
ORDER in Ch/s No.454/2021
It appears that there is accidental typographical mistake in
mentioning name D.B. Shetty instead of B.D. Shetty in para-5,8
and 11 of the plaint. Proposed amendment will not alter the
nature of the suit hence, Chamber Summons No.454/2021 is
allowed as prayed.
Amendment as per schedule shall be carried out within two
weeks from today.
ORDER in Ch/s No.951/2021
Statement made in the affidavit filed in support of the Ch/s
No.951/2021 about causing death of defendant No.1 on
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03.06.2021 is supported by the copy of death certificate
produced with Ch/s itself. Chamber Summons is taken out on
13.08.2021 which is within limitation. Advocate for proposed
legal heirs of deceased defendant No.1 and deft Nos.3 to 7
though objected, he conceded that the persons named in the
schedule are the only HLRs of deceased defendant No.1.
Considering it and as cause of action appears surviving,
Chamber Summons No.951/2021 is allowed as prayed.
Plaintiff to shall carry out the amendment as per prayed within
two weeks from today.
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Advocate for the plaintiff brought to the notice that it is
wrongly mentioned in roznama dt.09.04.2021 that affidavit of
son Jitendra Boble of the plaintiff is filed in N.M.No.89/2020
though it is the affidavit in reply of plaintiff’s son in the said
NM. Having gone through the record substance is found in his
said submission as NM No.89/2020 is taken out by defendant
Nos.8 to 11 for rejection of plaint.
As nobody is present for deft nos.8 to 11 today, said NM be
kept for hearing on next date.
Matter is adjd. for compliance and hearing in NM No.89/2020
and N.M.No.2898/2017 to 20.04.2022.
Judge
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