Final Order 1

Order Details: Chamber summons
Pdf Text: CS 164-20 in S.C. Suit no. 6402-91 Date : 18.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 164 OF 2020
IN
S.C. SUIT NO. 6402 OF 1991
(CNR NO.MHCC01-001095-2020)
Natwarlal Mohanlal Mehta .. Plaintiff
Versus
Shri. Lalji Tang & Ors. .. Defendants
Appearances :-
Ld. Adv. Nilesh L. Makwana for applicant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 3
Date : 18< .09.2021
ORDER
1. The applicant filed instant Chamber Summons seeking
following reliefs :
a) That delay if any, in taking out the present application be
condoned in the interest of justice.
b) That the Applicant as legal heir of plaintiff be allowed by this
Hon’ble Court to amend the decree dated 21/11/2002
passed by this Hon’ble Court and delete the name of the
deceased plaintiff from the title to the decree and carry out
other amendments as per the schedule of amendments,
hereto annexed within such time as this Hon’ble Court may
be pleased to order.
c) That the applicant as legal heir of plaintiff be allowed to add
name of applicant as heir and legal representative of
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CS 164-20 in S.C. Suit no. 6402-91 Date : 18.09.2019
deceased plaintiff to this decree as per the schedule of
amendments, hereto annexed, within such time as this
Hon’ble Court may be pleased to order.
d) That the legal heir of plaintiff being applicant herein be
allowed to execute the order dated 21.11.2002 passed by
Hon’ble Bombay City Civil Court, Mumbai Division.
e) Such further and other orders be made and directions given
as this Hon’ble Court deems just and proper in the facts and
circumstances of the case.
2. It is the contention of the applicant that he is the son of
original plaintiff namely Natwarlal Mohanlal Mehta who has filed
suit for recovery of possession against defendant no. 1 and 2. The
aforesaid suit was decreed in favour of plaintiff by judgment and
order dated 21.11.2002. By the aforesaid decree, the defendants
were directed to handover possession of the suit premises to the
plaintiff.
3. It is contended that defendant no. 3 challenged the said
judgment and decree by way of first appeal bearing no. 1034 of
2003 before the Hon’ble High Court. However, same was
dismissed by order dated 06.03.2018. It is further contended that
original plaintiff expired on 09.04.2009 leaving behind the
applicant as legal heir of the original plaintiff. The applicant by
way of additional affidavit, further contended that his mother
namely Smt. Usha N. Mehta expired on 19.02.2014. It is further
submitted that he has no knowledge about the whereabouts of his
brother Bankin Mehta and his family. Therefore, he prayed for
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CS 164-20 in S.C. Suit no. 6402-91 Date : 18.09.2019
allowing Chamber Summons and permission to proceed with the
execution proceeding.
4. Heard Ld. Advocate for the applicant. As there is no one to
contest the Chamber Summons and nothing is on record to show
that the applicant is not the legal heir of Natwarlal Mohanlal
Mehta, he can be allowed to file execution proceeding subject to
condition of obtaining legal heir-ship certificate or Succession
Certificate from the Competent Court. Thus, I proceed to pass the
following order :
ORDER
1. Chamber Summons No. 164 of 2020 is hereby allowed in
terms of prayer clause (d), the applicant is allowed to file
execution proceeding to execute judgment and order dated
21.11.2002 passed in S.C. Suit No. 6402 of 1991.
2. During pendency of execution proceeding the applicant to
obtain legal heir-ship certificate / Succession certificate from the
competent authority.
3. Chamber Summons No. 164 of 2020 stands disposed of
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 18.09.2021 Greater Bombay.
Dictated on : 18.09.2021
Typed on : 12.10.2021
Draft Submitted on : 13.10.2021
Checked on : 14.10.2021
Signed on : 20.10.2021
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CS 164-20 in S.C. Suit no. 6402-91 Date : 18.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20/10/2021 at 3.00 p.m (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
18/09/2021
JUDGMENT/ORDER signed by P.O.
on
20/10/2021
JUDGMENT/ORDER uploaded on 20/10/2021
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