Final Order 1

Order Details: Other
Pdf Text: 18.11.2025
Sr. No. 19
CORAM: H.H.J. A.M. BHANDARWAR, (C.R. NO.09)
SU 6148/06
CS 2822/25
CS 100/2020
Adv. Redekar present for plaintiff.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Kapse for defendant/State present.
Adv. S. H. Singh present for applicant in CS and tendered registered CS
no.2822/2025 alongwith affidavit in support. TOR.
Order passed in Chamber Summons 2822/2025:
Applicants proposed defendants i.e. Legal heirs of original defendant
no.1 expired on 12.02.2019. It is submitted that proposed defendant
wants to contest the matter and therefore prayed to bring them on
record as legal heirs of defendant no.1. It is mentioned that the
proceedings of the present Suit were stayed by the Honorable High
Court hence the application was not filed. It is submitted that Writ
Petition is disposed of on 23.07.2025 hence filed the present Chamber
Summons to bring legal heirs as per the schedule
Advocate for plaintiff opposed the Chamber Summons contending that
no sufficient grounds are made out. Heard both the sides. Perused the
record. Writ Petition is disposed of on 23.07.2025 and considering the
reasons stated in the Chamber summons and in the interest of justice it
is hereby allowed. Chamber Summons no.2822/2025 stands disposed of
accordingly. Legal heirs of original defendant no.1 be brought on record
as per the schedule.
Order passed in Chamber Summons 100/2020:
The present chamber summons is filed to bring legal heirs of original
plaintiff on record. It is contended that as the matter was stayed by the
Honorable High Court hence it could not be proceeded. Original
plaintiff died on 22.10.2019 and the Chamber Summons moved in the
month of December 2019. The defendant opposed the Chamber
Summons on the grounds that it is not in limitation. However, record
shows that within time the Chamber Summons is filed. Hence, Chamber
Summons no.100/2020 is hereby allowed and disposed of accordingly.
Legal heirs of plaintiff be taken on record as per the schedule.
In the Writ Petition directions are given to fix the matter for cross-
examination. However, Advocate for plaintiff submitted that original
plaintiff is died hence will require to file fresh evidence of the legal
heirs.
Both the Amendments be carried out by the plaintiff on or before next
date.
Matter is adjourned to 02.12.2025 for compliance and evidence
affidavit.
Judge
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