Order 2

Order Details: Chamber summons
Pdf Text: Ch/s No. 2530/24 in Exe.Appln.No. 242/06 [ 1 ] Order.
in S.C.Suit No. 4859/04.
MHCC010199212024
Presented on : 13-11-2024
Registered on : 13-11-2024
Decided on : 04-01-2025
Duration : 0 years, 1 months, 21 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2530 OF 2024
IN
EXECUTION APPLICATION NO. 242 OF 2006
IN
S. C. SUIT NO. 4859 OF 2004
Smt. Sushila Mathuradas Thakkar )..Plaintiffs/
and others ) Decree Holders
Versus
Mr. Suresh Boble and another )..Defendants/
) Judgement Debtors
AND
Smt. Shaila wd/o. Suresh Boble (widow) )
and others )..Proposed Judgement
) Debtors No.1(a) to 1(e)
Dr. Anita Shetty Biradar )..Proposed Judgement
) Debtor No.2(a).
Smt. Vandana Thakkar, Advocate for the Decree Holders.
Shri S.N.Kadam, Advocate for the Proposed Judgment Debtors No.1(a)
to 1(e) and Intervener.
-- 1 of 4 --
Ch/s No. 2530/24 in Exe.Appln.No. 242/06 [ 2 ] Order.
in S.C.Suit No. 4859/04.
CORAM : HIS HONOUR JUDGE SHRI U.C.DESHMUKH.
(COURT ROOM NO.66).
DATE : 4th JANUARY, 2025.
ORDER
This chamber summons is moved by Decree Holder No.2 to
4 to permit them to delete the name of Decree Holder No.1, to bring
legal representatives of Judgment Debtor No.1 and Judgment Debtor
No.2 on record.
2. Decree Holder / applicants contend that Decree Holder
No.1 expired on 15/09/2024 and Decree Holder No.2 to 4 are her legal
representatives already on record. Judgment Debtor No.1 expired on
14/05/2024 leaving behind proposed Judgment Debtor No.1(a) to 1(e).
Similarly defendant no.2 expired on 09/01/2020 leaving behind him
legal representative namely Dr. Anita Biradar. On 04/07/2024 son of
defendant no.1 intimated Decree Holder that Judgment Debtor No.1 is
expired. Likewise when Decree Holder enquired about Judgment Debtor
No.2, Dr. Anita Biradar informed Decree Holder that Judgment Debtor
No.2 expired on 09/01/2020. Hence this chamber summons is moved.
3. Legal representatives of Judgment Debtor No.1 have
appeared and resisted the chamber summons by filing a reply. Legal
representative of Judgment Debtor No.2 is served vide affidavit of
service at Exh.8, however, she failed to appear. Hence chamber
summons is heard ex-parte.
4. Legal representative of Judgment Debtor No.1 resisted
chamber summons on the ground of delay. It is their specific contention
-- 2 of 4 --
Ch/s No. 2530/24 in Exe.Appln.No. 242/06 [ 3 ] Order.
in S.C.Suit No. 4859/04.
that Decree Holder have filed M.A.No. 3/2020 and intervener have
taken objection on 20/01/2020. In reply of intervener it is stated that
Judgment Debtor No.2 is expired recently. It means Decree Holder are
well aware about the fact that Judgment Debtor No.2 expired in the
year 2020 itself. Therefore there is considerable delay without proper
explanation. Similarly, they contend that the chamber summons to bring
their names on record is also not within limitation. They had intimated
Decree Holder about death of Judgment Debtor No.1 on 04/07/2024.
Judgment Debtor No.1 expired on 14/05/2024. Hence there is delay.
Hence prayed to reject the chamber summons.
5. It is apt to note that proposed legal representatives of
Judgment Debtor No.1 do not challenge the chamber summons on the
ground that they are not legal representatives of Judgment Debtor No.1.
They merely challenge the chamber summons on the ground of delay.
Decree Holders have filed Execution Application to execute the decree
for possession. In such circumstances, it will be just and proper to
permit the Decree Holder to bring legal representatives of Judgment
Debtor No.1 on record. Obviously there is no explanation for such delay.
Hence chamber summons ensues the cost. In the result, following order
is passed :
- ORDER -
1. Chamber Summons No. 2530/2024 is allowed in terms of prayer
clause (a) to (c) subject to the cost of Rs.3,000/- payable to DLSA on or
before next date.
2. On payment of aforesaid cost, the Decree Holder to carry out
amendedment within a week and file copy of amended execution
application for the sake of record.
-- 3 of 4 --
Ch/s No. 2530/24 in Exe.Appln.No. 242/06 [ 4 ] Order.
in S.C.Suit No. 4859/04.
3. Accordingly Ch/s No. 2530/2024 is disposed off.
(U.C.DESHMUKH)
Judge,
City Civil Court,
(Court Room No.66)
Date : 04/01/2025. Mumbai.
1. Dictated on : 04/01/2025.
2. Transcribed on : 06/01/2025.
3. Placed for correction on : 06/01/2025.
4. Checked on : 06/01/2025.
5. Correction carried on : 07/01/2025.
6. Signed on : 07/01/2025.
7. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/01/2025. 5.18 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri U.C.Deshmukh.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 04/01/2025.
Judgment/Order signed by P.O. on 07/01/2025.
Judgment/Order uploaded on 07/01/2025.
-- 4 of 4 --