Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 424 OF 2019
IN
SUIT NO. 4608 OF 2013
(CNR NO. MHCC01-002145-2019)
Mr. Kiran Vasant Dighe ...Plaintiff
V/s.
1. Mr. Ritesh Thakker & Ors. ...Defendants.
And
Mrs.Vaishali Kiran Dighe ...Applicant.
Appearances:
Ld. advocate Rajesh Revankar for plaintiff.
Ld. advocate Pankaj Shah for deft. Nos.1 & 2.
Ld. advocate Deepali Bosamia for deft. Nos.3a to 3d.
Ld. advocate Sanjay Prabhala for deft. Nos. 6 to 8.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 24/09/2021.
ORDER
This is a chamber summons taken out by the applicant who is a
widow of deceased original plaintiff Mr.Kiran Vasant Dighe for making
amendment in the suit. The defendants have resisted this chamber
summons by filing their reply.
2. Heard both the learned counsels on behalf of both the sides at
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length.
3. On perusal of this chamber summons, it appears to me that the
applicant namely Mrs.Vaishali Kiran Dighe is widow of original plaintiff.
The original plaintiff Mr.Kiran V. Dighe was expired on 28/11/2018. In
support of this contention, the applicant has filed her affidavit. The
applicant is the legal heir of the deceased plaintiff Kiran Dighe. The
applicant has requested that her name is placed in place of original
plaintiff deceased Mr. Kiran Dighe by making amendment.
4. The learned counsel on behalf of the defendants has strongly
opposed for allowing this chamber summons on the ground that the
applicant has not brought entire legal heirs of deceased Mr. Kiran Dighe.
5. After hearing the arguments advanced on behalf of both the sides
at length and on scrutiny of the pleadings, it appears to me that the
defendants have not stated the names of entire legal heirs of deceased
plaintiff. By way of this chamber summons, the applicant is come as
legal heir of deceased Kiran Dighe. It is not denied on behalf of the
defendants that applicant is the widow of the deceased plaintiff.
Therefore, at this stage, it will not cause to deny the chamber summons
taken out by the present applicant. Therefore, I inclined to allow this
chamber summons taken out by the applicant. Hence, I proceed to pass
following order.
ORDER
1. Chamber Summons No.424/2019 is hereby allowed as prayed for.
2. The applicant and her advocate are hereby directed to carry out
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proposed amendment as prayed within stipulated period.
3. Chamber Summons No.424/2019 is disposed off accordingly.
Sd/-
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :24/09/2021. Gr. Mumbai
Dictated on: 24/09/2021
Transcribed on:24/09/2021
HHJ signed on 24/09/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
27/09/2021 at 11.00 a.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
24/09/2021
Judgment/order signed by P.O. on 24/09/2021
Judgment/order uploaded on 27/09/2021
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