Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100183/2020
Suvarna K Mistry - deceased.Mr. Pramod S. Battulwar and Ors /Smt. Rupali Gautam and Ors. -Applicant Vs Mrs. Sanjivani
Madhukar Chilwar - Defts.
Date : 14-09-2023
Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. R. V. Sipahimalani present for plaintiff.
Adv. Pradeep Yadav present for defendant.
Heard adv. for plaintiff and defendants on CS
no.183/2020. Chamber Summons is taken for bringing
LR’s of deceased plaintiff no.01. As per death certificate,
plaintiff no.01 died on 31.10.2019. Chamber Summons is
taken on 14.01.2020 i.e. within limitation. Suit is filed
for declaration and injunction. Hence, right to sue
survives to LR’s of plaintiff no.01. Defendant no.01
opposed the Chamber Summons on the ground that
applicant no.02 cannot be legal heirs of plaintiff no.01.
However, she being daughter entitled to be added as a
legal heirs of plaintiff. Thus, the objection taken by
defendant does not survives. Chamber Summons
deserves to be allowed. Hence I passed foll order
Order:
1) Chamber Summons no.183/2020 is allowed in terms
of prayer clause (a) and (b).
2) Plaintiffs are permitted to carry out amendment in the
plaint within limitation.
3) After amendment, copy of amended plaint be served
on defendants.
4) Chamber Summons no.183/2020 is disposed off
accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 14-09-2023
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