Final Order 1

Order Details: Chamber summons
Pdf Text: CS 381-2020 in SU 9796 -1982 1
MHCC010026872020 Presented on : 02-03-2020
Registered on : 02-03-2020
Decided on : 17-08-2026
Duration : 6 y 5 m 15 d
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 381/2020
IN
SUIT NO. 9796 of 1982
CNR - MHCC010026872020
PRAFULCHAND GULABCHAND
KARANIA
.. Plaintiff
Vs.
ZAVERBEN JAYANTILAL CHHEDDA &
Ors.
.. Defendants
Appearances :-
Ld. Adv. Waghmode for plaintiff present.
None for defendant present.
CORAM: HIS HONOUR JUDGE
S.M. BUKKE
COURT ROOM NO.03
DATE: 17.08.2026
O R D E R
(Dictated and Pronounced in open Court)
1. The Plaintiff (applicant) in disposed of suit no 9796/1982
has taken out a present Chamber Summons no. 381/2020 for
amendment of plain and to bring the legal heirs of defendant no. 1 and
4 on record.
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CS 381-2020 in SU 9796 -1982 2
2. The plaintiff has instituted suit no. 9796/1982 before
Hon’ble Bombay High Court for specific performance of agreement dt.
04/09/1980, possession, damages, perpetual injunction, declaration
and other consequential reliefs. Subsequently the suit was transferred to
this court in the year 2016. During pendency plaintiff and his advocate
remained absent. Suit was dismissed for want of prosecution on
11/10/2017.
3. Subsequently on 06/12/2018 the plaintiff in orginal suit
9796/1982 has taken out notice of motion no. 4837/2018. Defendant
no. 1 and 2 filed their reply to NM and submitted that defendant no. 4
expired longback. Subsequently the plaintiff has not taken any steps to
serve on defendant no. 3, 4 and their legal heirs. Therefore the present
NM is pending since 2018 for steps. Instead of proceeding with NM
4837/2018 plaintiff has taken out another chamber summon no.
381/2020 to bring the legal heirs of defendant on record. The suit is
abated against defendant after 90 days. The defendant no. 4 died on
21/04/2010, defendant no. 1 died on 24/09/2019. As such there is
inordinate dlay to bring the legal heirs of deceased defendant on record.
4. On perusal of record it appears that suit no. 9796/1982 is
dismissed in default for want of prosecution. Subsequently the plaintiff
has tendered NM 4837/2018 for restoration of suit. It was also disposed
of as no steps taken against defendant. Meanwhile the plaintiff has
taken out present chamber summons for amendment of plaint.
5. Once the suit is disposed of without seeking restoration of
suit present chamber summons is not maintainable. After passing the
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CS 381-2020 in SU 9796 -1982 3
order of dismissal of suit this court become functus officio. Therefore
this court cannot entertain present chamber summons unless the suit is
restored. This chamber summons is not maintainable. Hence deserves to
dismiss.
O R D E R
1. Chamber Summons no. 381/2020 is dismissed.
2. Chamber Summons no. 381/2020 disposed of with liberty to file a
fresh.
(S.M. BUKKE)
Judge,
City Civil Court, Greater Bombay
Dated : 17.08.2026 C.R. No.03
1. Pronounced on : 17.08.2026
2. Directly Dictated on :17.08.2026
3. Checked on : 17.08.2026
4. Printed on : 17.08.2026
5. Signed on : 17.08.2026
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CS 381-2020 in SU 9796 -1982 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME 17.08.2026/ p.m.
NAME OF STENOGRAPHER Durgesh V. Mahajan
Name of the Judge (with Court
Room no.)
HHJ Shri. S.M. Bukke
(Court Room No.03).
Date of Pronouncement of
Judgment/Order 17.08.2026
Judgment/Order signed by P.O. on 17.08.2026
Judgment/Order uploaded on 17.08.2026
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