Final Order 1

Order Details: Chamber summons
Pdf Text: CS. 300 of 2019 in Suit no. 4892 of 2012
1 Date : 19.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 300 OF 2019
IN
SUIT NO. 4892 OF 2012
(CNR NO.MHCC010015082019)
Sunder Shetty .. Plaintiff
Versus
Mrs. Shezadi Begum Mohammed Ali Sayyad Ors. .. Defendants
And
Sayyed Mohammed Ali & Ors. ..Respondents
Appearances :
Mrs. Indira Labde, Ld. Adv. for plaintiff present.
Mrs. Amiksha Joshi I/b Bipin Joshi, Ld. Adv. for defendant no. 2 to
4 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 19.08.2019
1. The plaintiff has filed instant Chamber Summons for
bringing legal heir of defendant no. 1 on record as per schedule.
2. It is contended by the plaintiff that he came to know about
the death of defendant no.1 when he received the letter dated
09.12.2018 from his Advocate informing that the defendant no. 1
died on 29.11.2018. By the aforesaid letter he further came to
know the names of legal heirs of the defendant no. 1.
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CS. 300 of 2019 in Suit no. 4892 of 2012
2 Date : 19.08.2019
3. Heard both the sides. Perused application. If the legal heirs
of defendant no. 1 are not brought on record it would certainly
affect his right to sue. Hence, the plaintiff prayed to allow the
present Chamber Summons. After considering the reasons
assigned by the plaintiff, in my view, the Chamber Summons needs
to be allowed. If the plaintiff is not allowed to bring legal heirs of
defendant no. 1 on record, that would prejudice the right to sue
and he would be deprived of claiming relief against the
defendants. Thus, I proceed to pass the following order.
ORDER
1. Chamber Summons No. 300 of 2019 is hereby allowed.
2. The plaintiff to carry out necessary amendment as per
schedule attached in the Chamber Summons No. 300 of
2019 within period of 14 days from the date of order.
3. Chamber Summons No. 300 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 19.08.2019 Greater Mumbai
Dictated on : 19.08.2019
Typed on : 19.08.2019
Draft Submitted on : 19.08.2019
Checked on : 20.08.2019
Signed on : 20.08.2019
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CS. 300 of 2019 in Suit no. 4892 of 2012
3 Date : 19.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20/08/2019 at 4.00 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
19/08/2019
JUDGMENT/ORDER signed by P.O.
on
20/08/2019
JUDGMENT/ORDER uploaded on 20/08/2019
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