Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS NO. OF
IN
LONG CAUSE SUIT NO. 1 OF 2021
Pradeep Balchandra Keer …. Plaintiff
V/s.
1.The Mumbai Municipal Corporation
of Greater Mumbai and Anr… Defendant
And
1(a) Mrs. Pratibha Pradeep Keer & ors. …..Applicants
Proposed Plaintiff
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 11/07/2024
Adv. Ms. Dwani Mody for the plaintiff.
Adv. Ms. Jyoti Mhatre for the defendants/BMC.
ORAL ORDER
This chamber summons is taken out by proposed
plaintiff under Order XXII Rule 2 of the Code of Civil
Procedure to bring legal heirs of deceased plaintiff. On the
other hand, defendants objected the present chamber
summons.
2. Read Chamber summons, reply filed by the
defendant/BMC. Heard both the sides.
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3. During the pendency of the suit for declaration
and injunction, original plaintiff Pradeep Bhalchandra Keer
reported to be died on 12.04.2024. On perusal of photocopy
of death certificate, it appears that the original plaintiff
reported to be died on 12.04.2024. Considering the nature of
the suit and the reliefs sought right to sue is survived. Hence,
in view of Order XXII Rule 2 of the Code of Civil Procedure,
I proceed to pass following order.
ORDER
1. Draft Chamber summons is made absolute in terms of
prayer clause (a).
2. Plaintiff is permitted to carry out proposed amendment
in the plaint within 14 days from the date of this order
and file amended plaint within statutory period.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Draft Chamber Summons is disposed off.
6. Draft Chamber Summons be registered for statistical
purpose.
Date- 11/07/2024 (R. B. Parvekar)
Ad-hoc Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 1 1 / 0 7 / 2 0 2 4
Ty p e d o n : 1 1 / 0 7 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/07/2024 02.30 p.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
11/07/2024
JUDGMENT/ORDER signed by
P.O.on
15/07/2024
JUDGMENT/ORDER uploaded on 16/07/2024
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