Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.100 OF 2018
IN
SUIT NO.6306 OF 2007
(H.C.SUIT NO.206 OF 2007)
Shraddha Pramod Kulkarni ...Plaintiff
V/s
1. Mr.Kusum Jugalmohan Nagar & Ors. … Defendants
Ld.Advocate Mr.Shaikh for plaintiff.
Ld.Advocate Mr.Chothani for defendant no.1 and
respondent in Ch/s.
Ld.Adv Mr.G.M.Joshi for defendant nos.4 & 7 to 13.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE
Date: 11th July 2018,
Court Room No.14.
ORDER
This is the Chamber Summons moved by the plaintiff to bring on
record legal heirs of deceased defendant no.2 and to carry out necessary
amendment to that effect. Perused the Chamber Summons and
supporting affidavit. Heard Ld.Advocate for the plaintiff.
2. This Chamber Summons is opposed by defendant no.3 by filing
reply affidavit. Heard the concerned advocate for the
respondents/defendants.
3. It appears that, admittedly defendant no.2 Mr.JugalMohan Nagar
has died on 7/12/2017 and admittedly this fact was informed to the
-- 1 of 4 --
2
plaintiff by the advocate of the defendant as per letter dated
19/12/2017.
4. It is the only contention of the concerned defendants that,
defendant no.2 was impleaded as party defendant only because he is
the constituted attorney of defendant no.1 and he does not carry any
right, title or interest in the suit property and therefore, his legal heirs
are not necessary party.
5. On the other hand, Ld.Advocate for the plaintiff submitted that,
the legal heirs of defendant no.2 does have right, title or interest in the
suit property and suit is for partition and for other reliefs. Admittedly,
defendant no.2 is having legal heirs of which names are given by the
plaintiff in the Chamber Summons. Therefore, considering the nature
of the suit, they are necessary party and needs to be added.
6. Hence, order.
ORDER
1. Chamber Summons No.100 of 2018 is allowed as prayed for.
2. Plaintiff is permitted to bring on record legal heirs of deceased
defendant no.2 as defendant nos.2A to 2C and to carry out necessary
amendment as per schedule of amendment annexed with the Chamber
Summons.
3. No order as to costs.
4. Plaintiff is directed to carry out necessary amendment within 14
days from today and to submit copy of amendment plaint on record of
the Court and to serve it to all the concerned.
-- 2 of 4 --
3
5. Chamber Summons No.100 of 2018 stands disposed off.
Date:11/07/2018 (K.R.JOGLEKAR)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 11/07/2018
Typed on : 11/07/2018
H.H.J.Signed on : 11/07/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.07.2018 at 12.30a.m.
UPLOAD DATE AND TIME
(Mrs.P.P.Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI K.R.JOGLEKAR
(COURT ROOM NO.14)
Date of pronouncement of judgment/order 11.07.2018
Judgment/order signed by P.O. on 11.07.2018
Judgment/order uploaded on 11.07.2018
-- 3 of 4 --
4
-- 4 of 4 --