Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.344 OF 2018.
IN
L.C. SUIT NO. 1423 OF 2017
(CNR NO. MHCCO10024402018)
Mr.Mohan Khimji Boricha & Ors. )...Plaintiff
Versus )
Maljibhai Khimji Boricha & Ors. )...Defendants.
Appearance:
Adv.Mr.Sanjay T.Manek for plaintiffs.
Advocate Mr.Kumawat for defendant/MMC.
Advocate Mr.Yogendra M.Kanchan for defendant nos. 3 to 10.
Advocate Mr.Hamid for defendant no.13.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 05th AUGUST, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the legal heirs of
deceased plaintiff no.3 Mr. Kanaiyalal Khimji Boricha. This chamber
summons resisted on behalf of the defendants by filing their reply on
the same chamber summons. Read the present chamber summons and
reply of the defendants thereon. Heard both the counsels on behalf of
both the sides at length. Perused the record.
2. The learned counsel on behalf of the plaintiffs has submitted that
though she has made this chamber summons for allowing prayer (a) to
(e) but she requested that prayer (a) of this chamber summons only be
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allowed. Admittedly, the plaintiff no. 3 Mr. Kanaiyalal Khimji Boricha is
died on 20/1/2018. The Death Certificate of the plaintiff to that effect
is produced on record. The present chamber summons is filed on
16/2/2018 i.e. within period of limitation. Admittedly, the applicant
numbers mentioned in the chambers summons are the legal heirs of
deceased plaintiff no. 3. Therefore, if chamber summons is to be
allowed, it will not cause any injustice or hardship on the part of the
defendants. Therefore, I am inclined to allow this chamber summons
and proceed to pass following order.
ORDER
1. Chamber summons no. 344/18 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. 344/18 is disposed off accordingly.
Date : 05.08.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 05.08.2019
Transcribed on:06.08.2019
Signed by HHJ: 08.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08.08.2019. 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
05.08.2019.
Judgment/order signed by P.O on 08.08.2019.
Judgment/order uploaded on 08.08.2019.
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