Final Order 1

Order Details: Chamber summons
Pdf Text: Draft CH/S 1 L.C. Suit No.257/2016
(CNR NO. MHCC01-011763-2015)
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT NO. 257 OF 2016
Almas Banoo Noor Mohamed Khan )
aged about 54 years, Occ : Business )
Indian Inhabitant residing at Dhudhwala )
Chawl, Room No.13, 1st Floor, 10/12 )
Dimtikar Road, Mumbai – 400 008. ).… Plaintiff
V/s.
1. The Municipal Corporation of Greater )
Bombay, a corporation constituted under )
the Bombay Municipal Corporation Act, )
1888 having its office at Mahapalika )
Marg, Mumbai - 400 001. )
2. The Deputy Superintendant (Markets) )
Parasmani Tower, 1st Floor, Opp. Kailash)
Lassi, Dadar (East), Mumbai – 400 014. )
....Defendants
AND
1. Noor Mohamed Dost Mohamed Khan)
aged about 58 years, Occ : Business )
2. Sarfaraz Noor Mohamed Khan )
aged about 45 years, Occu : Business )
3. Sanobar Mohammed Aleem )
aged about 42 years, Occ : Housewife )
4. Nausheen Khan )
aged about 40 years, Occ : Housewife )
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Draft CH/S 2 L.C. Suit No.257/2016
5. Farheen Khan )
aged about 37 years, Occ : Housewife )
All Indian Inhabitant residing at )
Dudhwala Chawl, Room No.13, )
1st floor 10/12, Dimtimkar Road, )
Mumbai – 400 008. )...Applicants
APPEARANCE:-
Ld. Adv. Shashikala Mahamuni for the plaintiff/Applicants.
Ld. Adv. Vidya Vyavahare for the defendants/MCGM.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 14th FEBRUARY, 2020.
ORDER
This Chamber summons is taken out by applicants
praying to bring legal heirs of deceased plaintiff on record and to
carry out consequential amendment in plaint of L.C. Suit
No.257/2016.
2. Read the averments in affidavit filed along with
chamber summons. Perused the reply filed by defendants
corporation overleaf. Heard both learned advocates.
3. Perused the proceeding. It appears that plaintiff died
on 05.12.2019. The photocopy of death certificate is substantiating
this fact. According to applicants, besides applicant Nos.1 to 6
there are no other legal heirs. Considering the nature of suit, if
applicants are not brought on record, the suit cannot be proceeded
further. Therefore, right to sue survives in favour of applicant
Nos.1 to 6 as legal heirs of deceased plaintiff. The chamber
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Draft CH/S 3 L.C. Suit No.257/2016
summons is within limitation. Therefore, there is no hurdle in
allowing the same. There is nothing on record to doubt the fact
that besides applicant Nos.1 to 6, there are no any other legal
heirs of deceased. Therefore, in order to proceed further in this
suit, this chamber summons deserves to be allowed. No prejudice
will be caused to defendants, if present chamber summons is
allowed. Therefore, in the interest of justice, the prayer in
chamber summons of applicants deserves to be allowed.
Consequently, I proceed to pass following order.
ORDER
1. Draft Chamber Summons moved by applicants is hereby
allowed.
2. Applicants shall carry out proposed amendment within
stipulated time.
3. Costs in cause.
4. Draft Chamber Summons is accordingly disposed of.
5. Draft Chamber Summons be registered for statistical
purposes.
(C.P. Jain)
Ad-hoc Judge, (C.R.No.06)
Date : 14.02.2020 City Civil Court, Gr. Bombay
Dictated on :14.02.2020.
Transcribed on :14.02.2020.
Signed on :24.02.2020.
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Draft CH/S 4 L.C. Suit No.257/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 24.02.2020, 02.51 pm.
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
14.02.2020
JUDGMENT/ORDER signed by
P.O. on
24.02.2020
JUDGMENT/ORDER uploaded on 24.02.2020
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