Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 14118 in SCSU 163508
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.141 OF 2018
(CNR No.MHCC010011102018)
IN
SC SUIT NO.1635 OF 2008.
(CNR No.MHCC010025512008)
Narayan Vithal Nikam }...Plaintiff.
Versus
Sunita Babal Yadav & Ors. }...Defendants.
And
Laxmi Ramchandra Mithapalli }...Proposed defendants
Shri.A.A. Siddhiqui, learned advocate for the plaintiff.
Smt.Jadhav, learned advocate for defendant No.1(a).
Ms.V.S.Prabhu, learned advocate for defendant No.2/MHADA.
Shri.V.K. Sharma, learned advocate for the defendant Nos.4(a) to 4(c).
Shri.Rajesh Dubey, learned advocate for proposed defendant.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 21/01/2019)
1. By filing this Chamber Summons, plaintiff has prayed to
allow him to join the proposed legal heirs of defendant No.4 as the
defendants to the suit with permission to carry about consequential
amendment. Read the reply filed by learned advocate for proposed
defendants Nos.4a to 4c. Other defendants failed to file reply. Heard.
Perused the entire record.
2. It is contended in the affidavit filed in support of the
Chamber Summons that defendant No.4 expired and plaintiffs learnt
that defendant No.4 is survived by the widow, one son & one daughter.
Date of death of defendant No.4 is not mentioned anywhere in the
supporting affidavit however, the advocate for proposed legal heirs of
defendant No.4 has not disputed causing of death of defendant No.4. As
there is no denial to the contention raised in the Chamber Summons
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that defendant No.4 has expired & proposed defendants are the only
legal heirs of defendant No.4, I am inclined to accept the prayer made
in the Chamber Summons. Thus, an order.
O R D E R
Chamber Summons No.141/2018 is allowed in terms of
prayer clause(a).
Plaintiff shall carry out amendment as per the Schedule
annexed to the supporting affidavit of this Chamber Summons on
or before next date.
Date: 21/01/2019. (P. P. RAJVAIDYA)
Dictated on : 21/01/2019. Judge, C.R.No.12,
Transcribed on : 21/01/2019. City Civil Court,
Checked on : 23/01/2019. Gr. Bombay.
Signed on : 23/01/2019.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24/01/2019 at 3.30 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 21/01/2019.
Order signed by P.O. on 23/01/2019.
Order uploaded on 24/01/2019.
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