Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 184/19 in N/m No. 1512/17 1 Order.
in Suit No. 2371/11.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 184 OF 2019
(CNR NO. MHCC010010242019)
IN
NOTICE OF MOTION NO. 1512 OF 2017
(CNR NO. MHCC010043222017)
IN
S. C. SUIT NO. 2371 OF 2011
(CNR NO. MHCC010024042011)
Shri Arvind Jaisingh Chauhan and Another ...Plaintiffs
Versus
Shri Pratapsingh Shoorji Vallabhdas and Others ...Defendants
And
Shri Aditya Pratapsingh Shoorji and Another ...Respondents
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 5th JULY, 2019.
Mr. Priyansh Shukla, Advocate for Plaintiffs.
Mr. Sen, Advocate for Defendant No.1.
ORAL ORDER
Suit No. 2371/2011 is filed for declaration. Present
chamber summons is taken out by plaintiff to record legal heirs of
defendant no.1 i.e. deceased Pratap Singh. Heard ld. Advocate Priyansh
Shukla for plaintiff at sufficient length.
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Ch/s No. 184/19 in N/m No. 1512/17 2 Order.
in Suit No. 2371/11.
2. Perused reply submitted by defendant no.1. Ld. Advocate
Sen raised strong objection. It is mentioned that there is a considerable
delay which is not explained by the plaintiff. He claimed for heavy cost.
Ld. Advocate Shukla for plaintiff submits that the delay caused is
admitted by the plaintiff, however there are various cases pending
between the parties, therefore plaintiff could not record L.R. of
defendant no.1.
3. On perusal of affidavit in support of chamber summons, the
delay caused is explained by plaintiff. When there are various cases
pending between the parties, it is obvious to get knowledge in respect of
demise of defendant no.1. However, it would be appropriate to decide
the matter on merit. Hence delay caused is condoned subject to cost of
Rs.2,000/ be paid to L.R.s of defendant no.1. (Rs.2,000/ in total).
Hence the order :
ORDER
1. Chamber Summons No. 184/2019 is allowed, subject to
cost of Rs.2,000/ be paid to L.R. of defendant no.1 on or
before next date.
2. Plaintiff to carry on amendment in notice of motion as
mentioned in schedule to the chamber summons.
3. Ch/s No. 184/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 05/07/2019. Mumbai.
1. Dictated on : 05/07/2019.
2. Transcribed on : 06/07/2019.
3. Signed on : 08/07/2019.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 184/19 in N/m No. 1512/17 3 Order.
in Suit No. 2371/11.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
08/07/2019. 5.38 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 05/07/2019.
Judgment/Order signed by P.O. on 08/07/2019.
Judgment/Order uploaded on 08/07/2019.
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