Final Order 1

Order Details: Order below exhibit
Pdf Text: ORDER BELOW EXH.1 AND NM No.948/2021 1 IN L.C SUIT NO. 980/2020
MHCC010019882020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT 01
AND
NOTICE OF MOTION NO. 948 OF 2021
IN
L.C. SUIT NO. 980 OF 2020
(CNR NO. : MHCC010019882020 )
Hina W/o Rajesh Sanghvi )
nee Hina Laherchand Doshi, )
aged 59 years, Occupation : Household, )
Hindu Adult, Indian Inhabitant of Mumbai )
residing at B/401, Siddhivinayak Tower, )
Orlem Tank Road, Opp. Apte Nursing )
Home, Malad (West), Mumbai – 400 064 )
presently residing at 61/Morris Lane, )
Piscataway Township, New Jersey 08854, )
USA Through her constituted Attorney )
Shri. Dilip Vasant Chaware, aged 69 )
years, Occupation : Retired also Hindu )
Adult Indian Inhabitant of Mumbai residing)
at 401/B/1, Sundervan Apeksha CHS Ltd, )
Andheri (West), Mumbai – 400 053. )…Plaintiff
Versus
Municipal Corporation of Greater Bombay)
incorporated under Bombay Municipal )
Corporation Act having its head office at )
Mahapalika Bhavan Mahapalika Marg, Fort,)
Mumbai – 400 001 through its Executive )
Health Officer/Administrative Officer(Estate)
F/South Ward, Building, Dr. B.A. Marg, )
Parel Mumbai – 400 012. )...Defendant
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ORDER BELOW EXH.1 AND NM No.948/2021 2 IN L.C SUIT NO. 980/2020
APPEARANCE:
Ld. Adv. Mr. Rahul Tiwari for the plaintiff
Ld. Adv. Mrs. Neeta Jadhav for defendant/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 22nd APRIL, 2021.
O R D E R
Read the plaint, Notice of Motion, perused the documents
filed along with plaint. Heard both the learned advocates.
2. The suit is filed by plaintiff for declaration to correct the
date of birth of plaintiff in birth certificate in municipal record i.e. from
04.10.1961 to 04.09.1961 so also for mandatory injunction. The copy
of certificate of birth of plaintiff, which defendant has filed had no
name of plaintiff. According to the hospital records, the defendant has
given the certificate showing the birth date as 04.10.1961. The name of
parents shown in the extract is tallying with the name of parents shown
in the certificate filed by plaintiff showing her birth date as 04.09.1961
on record.
3. As regards the correction of date of birth, there is no
authentic and legal record tendered on record on basis of which the
date can be corrected. Therefore, learned advocate for plaintiff at the
time of adinterim hearing submitted that plaintiff is ready to accept the
certificate in the name of plaintiff with the birth date as 04.10.1961.
The officer of defendant corporation as well as learned advocate for
defendant conceded for issuing the certificate in the name of plaintiff
with birth date as 04.10.1961. They have also acceded for disposal of
the suit and notice of motion. Considering the aforesaid discussion and
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ORDER BELOW EXH.1 AND NM No.948/2021 3 IN L.C SUIT NO. 980/2020
submission made by both sides, nothing remains in suit and notice of
motion. Therefore, I proceed to pass following order
O R D E R
1. Suit and Notice of Motion No.948/2021 are disposed of.
2. Defendant shall issue certificate in the name of plaintiff i.e. Hina
Laherchand Doshi upon plaintiff tendering the true copy of
School leaving certificate and Passport showing her name Hina
Laherchand Doshi to defendant BMC.
3. Plaintiff shall comply the tendering of documents to defendant
BMC within 4 days from today.
4. After plaintiff complying with clause (2) and (3) of this order,
defendant BMC shall issue certificate within further 4 days.
5. In view of the above directions, Suit and Notice of Motion
No.948/2021 are disposed of.
6. Both the parties shall act upon the authenticated copy of this
order.
Sd/
(SMT C.P. Jain)
Adhoc Judge, (C.R.No.06)
Date : 22.04.2021 City Civil Court, Gr. Bombay
Directly dictated on computer :22.04.2021.
Checked on :26.04.2021.
Signed on :26.04.2021.
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ORDER BELOW EXH.1 AND NM No.948/2021 4 IN L.C SUIT NO. 980/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 28.04.2021, 10.52 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
22.04.2021
JUDGMENT/ORDER signed by
P.O. on
26.04.2021
JUDGMENT/ORDER uploaded on 26.04.2021
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