Interim Order 1

Order Details: Order below exhibit
Pdf Text: Order below Exh.2 E. A. No.567/2017
MHCC010008372018
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT
BOMBAY
ORDER BELOW EXHIBIT 2
IN
EXECUTION APPLICATION NO.567/2017
(CNR NO. MHCC010008372018)
IN
SUIT NO.6884/2004
(HIGH COURT SUIT NO.1782/2004)
1 Ram Prasad Ramdas Prajapati
2 Janardan Ramdas Prajapati
3 Om Prakash Ramdas Prajapati
4 Sairam Nethuri Prajapati … Plaintiffs/Decree Holders
Versus
1 Mithailal Rammurat Prajapati
2 Shakuntala Mithailal Prajapati … Defendants/Judgment
Debtors
CORAM : HIS HONOUR JUDGE, A. C. DAGA
: COURT ROOM NO. 61
DATE : 13.06.2025
Appearances:-
Adv. Archana Patil for Plaintiffs/Decree Holders.
ORDER
(Dictated and pronounced in open Court)
Instant application is filed by third party claiming that
the Judgment Debtor No.1 has died and therefore, the Decree
Holder be directed to bring legal heirs of Judgment Debtor No.1
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Order below Exh.2 2 E. A. No.567/2017
on record.
2. Decree Holder contested application by filing Reply
(Exh.3) and has strongly objected.
3. Perused the record. It appears that the third party who
has moved instant application is not party to the proceedings and
has no concern with the proceedings. Accordingly, the third party
has no locus to move instant application.
4. Secondly, on perusal of the Decree, it appears that
same is passed against Judgment Debtor No.2 only. Accordingly, no
executable Decree is there against the Judgment Debtor No.1. As
such, no need to direct the Decree Holder to bring legal heirs of
Judgment Debtor No.1 on record. Accordingly, application is
devoid of merits and substance. Hence, I passed the following
Order: -
ORDER
1. Application at (Exh.2) is rejected.
2. Accordingly, application at (Exh.2) stands disposed off.
DATE: 13.06.2025 (A. C. DAGA)
JUDGE, CITY CIVIL COURT
& ADDL. SESSIONS JUDGE,
GR. MUMBAI.
Dictated on : 13.06.2025
Transcribed on : 13.06.2025
Checked on : 13.06.2025
Signed on : 13.06.2025
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Order below Exh.2 3 E. A. No.567/2017
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER"
DATE: 13.06.2025, AT 05:58 P. M. Siddhesh S. Shirke
STENOGRAPHER (GRADE-I)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
no.)
: SHRI A. C. DAGA (C. R. NO.
61)
Date of pronouncement of
Judgment/order : 13.06.2025
Judgment/order signed by the P. O.
on : 13.06.2025
Judgment/order uploaded on : 13.06.2025
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