Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 55619 IN SUIT 250014
MHCC010027202019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 556 OF 2019
IN
SUIT NO. 2500 OF 2014
Mr. Prakash Rajaram Narkar & Others] ...Plaintiffs.
Versus
Kalpana Ramesh Nar & Others ]....Defendants.
Appearance:
Ld Advocate Vinod Mishra for plaintiff.
Ld Advocate Mangal Kadam for Defendant No.6/MHADA.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 18/8/2022
ORAL ORDER
1) Plaintiffs have taken out present chamber summons for
bringing on record heirs and legal representatives of deceased plaintiff
No.5 by carrying out necessary amendment in the plaint.
2) Perused the chamber summons, affidavit in support of
chamber summons, say of defendant No.6 and record. Heard argument
advanced by Ld Advocate for plaintiffs and Ld Advocate for defendant
No.6. Other defendants were absent. Hence they could not be heard.
3) From the copy of death certificate annexed with the
affidavit in support of chamber summons it appears that plaintiff No.5
expired on 28/4/18. From the affidavit in support of chamber summons
it appears that the respondents are the heirs and legal representatives of
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deceased defendant No.5 and right to sue survive.
4) It appears that plaintiffs have taken out present chamber
summons on 25/2/19. As such the present chamber summons is not
taken out within prescribed period. However, neither in notice of
motion nor in affidavit in support of chamber summons the plaintiffs
mentioned any cause for delay in taking out present chamber summons
nor they prayed for condonation of delay in filing the chamber
summons. As such there appear no just and reasonable cause for
condonation of delay in taking out present chamber summons. From the
matter on record and above discussion court find that the present
chamber summons is barred by law of limitation and plaintiff failed to
demonstrate any just and reasonable cause for condonation of delay in
taking out present chamber summons. As such the present chamber
summons is devoid of merit and liable to be dismissed. Therefore, court
proceeds to pass the following order:
ORDER
1) Chamber Summons No.556 of 2019 is dismissed.
2) Chamber Summons No.556 of 2019 is disposed of accordingly.
Date : 18/8/2022
(Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on:18/8/2022.
Typed on : 19/8/2022.
Checked on :19/8/2022.
Signed on :20/8/2022.
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3 CS 55619 IN SUIT 250014
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/8/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
18/8/2022.
JUDGMENT/ORDER signed by P.O.
on
20/8/2022.
JUDGMENT/ORDER uploaded on 30/8/2022.
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