Interim Order 1

Order Details: Order below exhibit
Pdf Text: :1: Order below Exh.2 in Execution Appln. No.514/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
EXECUTION APPLICATION NO. 514 OF 2017
CNR NO.: MHCCO10007352018
IN
SUMMARY SUIT NO. 698 OF 2014
SMT. HASUMATI JITENDRA MEHTA ...Plaintiff
Versus
M/S. KAMYA IMPEX PVT. LTD. ...Defendant
Appearances:
Mr. Rajiv Mehta Constituted Attorney of the D.H./plaintiff inperson.
Advocate Mr. Vevek Sharma for J.D.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 1st JULY, 2019.
ORDER BELOW EXH.2
1. Applicant has stated that plaintiff was his mother and the suit was
filed by applicant as Power of Attorney holder of his mother and after
the judgment was passed in the suit she expired on 6th November 2018.
Applicant has further stated that he took execution application in the
capacity of Power of Attorney holder of his mother during her life time.
Applicant has further stated that his mother left behind himself and his
elder sister Mrs. Nandini Gandhi. Applicant has further stated that his
sister has no objection in substitution of his name in the suit. Therefore,
applicant prayed for substitution of his name in the place of his
deceased mother.
2. Defendant has filed reply and stated that the application is not
tenable in law and prayed for rejection of the application.
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:2: Order below Exh.2 in Execution Appln. No.514/2017
3. Applicant has also produced true copy of affidavit of his sister
stating that applicant be substituted in the place of her mother in the
proceedings. Applicant has also produced copy of Death Certificate of
his mother. It appears applicant's mother has died in November 2018
and the present application is filed in February 2019 i.e. within three
months. It appears applicant is legal heir of deceased and his sister is
also legal heir of deceased. It appears only applicant wants to be
impleaded as legal heir of his deceased mother as per the affidavit of his
sister. Hence, following order:
ORDER
Application (Exh.2) is allowed.
(S.P. AGARWAL)
Judge,
Date: 01.07.2019. City Civil Court,
Gr. Bombay.
Dictated on : 01.07.2019
Transcribed on : 01.07.2019
Signed on : 01.07.2019
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:3: Order below Exh.2 in Execution Appln. No.514/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.07.2019 At 12:12 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
01.07.2019
Judgment/Order signed by P.O. on 01.07.2019
Judgment/Order uploaded on 10.07.2019
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