Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100492/2019
Kuresh S- o Rustom Kushesh And Ors Vs Farokh Khodadad Irani - alias Yazdegardi And Ors
Date : 26-07-2022
Business : Adv. U. P. Singh for plaintiff present. Adv. Dilip Sathale for
defendant present. Heard both sides in all three Chamber
summons C/S No. 339/21 is filed in the year 2012 and it has
old C/S No. 251/12. It is filed to names of deceased
defendant no. 3 and 4 and to add defendant no. 3a in place
of defendant no. 3. Lrs of defendant no. 4 are already on
record. Defendant no. 3 expired on 31-10-2010 and there is
apperant delay in filing chamber summons. Similarly C/S
No. 492/19 is filed for deleting name of deceased defendant
no. 6 who died on 08-10-2018. C/S No. 823/21 is filed to
bring Lrs of deceased defendant no. 1 on record. Defendant
no. 1 expired on 04-04-2021. Considering nature of
litigation and the fact that Lrs of deceased defendant have
right to proceed with the matter, all three chamber summons
can be allowed by condoning delay as per order 22 Rule 4
(5) (b) of the C.P.C.. Hence, C/S No. 492/19, C/S No.
823/21 and C/S No. 339/21 are made absolute as prayed.
The plaintiff is directed to carry out amendment in the plaint
within 15 days from the date of these order. The
proceedings of C/S No. 492/19, C/S No. 823/21 and C/S
No. 339/21 are closed. Matter is adjd.to 27-09-2022 for
compliance.
Nature of Disposal : OTHER
Disposal Date : 26-07-2022
COURT 66 ADDL SESSIONS JUDGE
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