Full Order Text
Final Order 1 · 23 Oct 2019 · CNR MHCC010019692019
Order Details: Chamber summons Pdf Text: Chamber Summons 374-19 In S.C. Suit No. 2606- 2014 1 Date 23.10.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 374 of 2019 IN S.C. SUIT NO. 2606 of 2014 (CNR NO.MHCC01 0019692019 ) Maheshkumar @ Mitrilal Hiralal Dave .. Plaintiff Versus Rameshchandra Amrutlal @ Amrutlal Shroff & Ors. .. Defendants And Jayaben Maheshkumar Dave & Anr. .. Applicant / Proposed Plaintiff Appearances : Adv.Rahul Raut for plaintiff present. Adv.Raibakkar for defendant no.1 to 5 present. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge C.R. No. : 7 Dated : 23.10.2019 ORDER 1. The applicants have filed instant Chamber Summons for deleting the name of plaintiff and bringing their name on record. 2. It is contended by the applicants that their father expired on 16.08.2018 leaving behind the applicants as legal heirs. The applicant submitted that right to sue survived against the -- 1 of 3 -- Chamber Summons 374-19 In S.C. Suit No. 2606- 2014 2 Date 23.10.2019 applicants. It is further contended by the plaintiff that their father died at native place and after his death certain rituals were to be performed. The applicants were in grief. Therefore, there is a delay of 78 days in filing Chamber Summons. 3. Heard both the sides. The other side did not seriously opposed the application. Perused Chamber Summons as well as relief in the main suit. The original plaintiff filed suit for permanent injunction against defendants, restraining them from disturbing peaceful possession of the suit premises. The applicant are the legal heirs of the plaintiff. Hence, right to sue survived. Therefore, the Chamber Sumons needs to be allowed in the interest of justice. Thus, I proceed to pass the following order : ORDER 1. Chamber Summons No. 374 of 2019 is hereby made absolute in terms of prayer clause (a) and (b). 2. Applicants to carry out necessary amendments within 14 days from the date of order. 3. Chamber Summons No. 374 of 2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 23.10.2019 Gr. Bombay Dictated on : 23.10.2019 Transcribed on : 23.10.2019 Draft submitted on : 23.10.2019 Checked on : 24.10.2019 Signed on : 24.10.2019 -- 2 of 3 -- Chamber Summons 374-19 In S.C. Suit No. 2606- 2014 3 Date 23.10.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 24/10/2019 at 5.00 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 23/10/2019 JUDGMENT/ORDER signed by P.O. on 24/10/2019 JUDGMENT/ORDER uploaded on 24/10/2019 -- 3 of 3 --