Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 315 OF 2020
IN
SUIT NO. 6327 OF 2005
(CNR NO. MHCC01-002030-2020)
1. Kashinath Parsuram Mhatre & Ors. ...Plaintiffs
V/s.
1. Ramesh Namdeo Patil & Ors. ...Defendants
And
1. Sonubai Raman Mhatre & Anr. ...Respondents
Appearances:
Ld. advocate Shaikh for plaintiffs.
Ld. advocate Nilam Pawar for defendant no.1.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 20/11/2021.
ORDER
This chamber summons is taken out by the plaintiffs for taking
legal heirs of deceased defendant nos. 2 and 3. This chamber summons
is resisted on behalf of defendant no.1 by filing reply on chamber
summons itself.
2. Read the present chamber summons, say of the defendant no.1
thereon. Heard arguments advanced on behalf of both the sides at
length. Perused record.
3. On scrutiny of the affidavit of plaintiff no.8 Hemant Baliram
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Mhatre in support of the chamber summons and Death Certificate of
deceased defendant nos.2 and 3, it appears to me that defendant no.2
Raman Pandurang Mhatre is expired on 04/08/2019 and defendant
no.3 Baliram Mhatre is expired on 23/10/2019. Reasons mentioned in
the affidavit of plaintiff no.8 for condoning delay for taking chamber
summons are satisfied. If this chamber summons is to be allowed, it will
not cause any injustice on the part of the defendants. Hence, I inclined
to allow this chamber summons. Therefore, I proceed to pass following
order.
ORDER
1. Chamber Summons No.315/2020 is hereby allowed as prayed for.
2. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons No.315/2020 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :20/11/2021. Gr. Mumbai
Dictated on: 20/11/2021
Transcribed on: 20/11/2021
HHJ signed on: 20/11/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
20/11/2021 at 5.00 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
20/11/2021
Judgment/order signed by P.O. on 20/11/2021
Judgment/order uploaded on 20/11/2021
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