Interim Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT CHAMBER SUMMONS NO.
IN
LONG CAUSE SUIT NO. 362 OF 2019
1. Anand Bandu Shinde & Ors. … Plaintiff.
V/s.
1. Municipal Corporation for
Greater Mumbai & Anr.. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE :17/07/2023
Adv. Mr. Nikhil Rajeshirke for the plaintiff.
Adv. Ms. Deepali Patil for the defendants/BMC.
ORAL ORDER
1. This draft chamber summons is taken out by the plaintiff
for deletion of name of plaintiff nos.2 and 3.
2. Read Chamber summons and reply . Heard both the sides.
3. This is a suit for mandatory injunction. As per photocopy of
death certificate, plaintiff no.2 Anjana Dhondiram Pol reported to be
died on 30.10.2021 and plaintiff no.3 Netaji Bandu Shinde reported to
be died on 19.06.2021.
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2 Draft Ch/s No.
4. The present draft chamber summons is filed by the
Kishorkumar Dhondiram Pol, who is Power of Attorney holder. As per
record, plaintiff nos.2 and 3 reported to be died. Therefore, Power of
Attorney to the extent of plaintiff nos.2 and 3 came to be seized on the
date of their death. On perusal of Power of Attorney it is not transpired
that Power of Attorney holder empowered to delete the name of any
plaintiff. Therefore, it is not just and equitable in the eye of law to
permit Power of Attorney holder to delete the name of plaintiff nos.2
and 3 from the array of plaintiff. Apart from this, plaintiff is at liberty to
file separate chamber summons for deletion of plaintiff nos.2 and 3.
ORDER
1. Draft Chamber Summons stands disposed off with liberty to
the plaintiff to file appropriate Chamber Summons for
deletion of name of plaintiff no. 2 and 3.
2) Both the parties to take note of this order.
3) Draft Chamber Summons is disposed off accordingly.
4) Draft Chamber Summons be registered for statistical
purpose.
(R. B. Parvekar)
Date-17/07/2023 Ad-hoc Judge,City Civil Court,
Gr. Bombay .
Dictated on : 17/07/2023
Typed on : 17/07/2023
Signed on :
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3 Draft Ch/s No.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/07/2023 03.00 P.M. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
17/07/2023
JUDGMENT/ORDER signed by
P.O.on
18/07/2023
JUDGMENT/ORDER uploaded on 18/07/2023
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