Final Order 1

Order Details: Chamber summons
Pdf Text: Ch.S. No.237/2019 1 Suit No.9046/2000
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.237 OF 2019.
IN
SUIT NO.9046 OF 2000.
(CNR NO. : MHCC010012512019)
Ida Flavia Fernandes, ....Plaintiff.
V/s
Cecilia Fernandes & Others ...Defendants
APPEARANCE:
Ms. Sonawane, Advocate for the Plaintiff.
Ms. Mungekar, Advocate for Defendant.
CORAM : HIS HONOUR JUDGE
SHRI G.G. BHANSALI.
C.R.No.07.
DATED : 27th February, 2019.
ORAL ORDER
This is a chamber summons taken out by the plaintiff for
amendment in plaint as per schedule annexed. It is mentioned that
defendant no.2(c) expired on 01.03.2017 and his legal heir to be brought
on record.
2) The learned advocate Sonawane for plaintiff submitted that
defendant no.4(a) is expired on 23.07.2016 and his legal heir – defendant
no.4(b) is already on record. It is requested to peruse the order of the
Hon'ble High Court in Writ Petition No. 11443/2015 dated 03.05.2018.
3) Perused the reply submitted by defendant no.1. The learned
advocate Mungekar resisted the chamber summons. It is requested to
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Ch.S. No.237/2019 2 Suit No.9046/2000
peruse the papers in detail. It is submitted that a copy of amendment is
not provided by the plaintiff to defendant no.1. Death certificate of
deceased are not attached. The plaintiff is intended to prolong the trial.
Hence, it is requested to reject the chamber summons.
4) On perusal of order of this court in chamber summons
no.2836 of 2013 dated 27.08.2015, the chamber summons stands rejected.
The impugned order is set aside in writ petition (supra). The Hon'ble High
Court directed the plaintiff / petitioner to prefer the application to bring
the legal heirs before this court. In view of aforesaid liberty granted by
the Hon'ble High Court, the order of this court came to be reversed.
5. The learned advocate Sonawane for plaintiff replied that a
copy of amended part is supplied by the plaintiff to defendant no.1.
However, the defendant no.1 is claiming entire plaint.
6. On perusal of order of Hon'ble High Court dated 03.12.2018
and averments in chamber summons alongwith schedule annexed, the
legal heirs of defendant no.4(a) are already on record. After demise of
defendant no.2(c), his legal heirs are allowed to record.
7. It is to note that suit is 18 years old. It is necessary to
expedite hearing. The present chamber summons is allowed. Plaintiff is
at liberty to carry on amendment as sought within 14 days.
(GOPAL G.BHANSALI)
DATE: 27.02.2019 JUDGE
CITY CIVIL COURT,GR.BOMBAY.
Dictated on :27.02.2019
Transcribed on :27.02.2019
Signed on :
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Ch.S. No.237/2019 3 Suit No.9046/2000
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
02.03.2019 at 01.40 pm. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI G.G.Bhansali
(Court Room No.07)
Date of pronouncement of Order 27.02.2019
Order signed by P.O. on 02.03.2019
Order uploaded on 02.03.2019
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