Final Order 1

Order Details: Chamber summons
Pdf Text: CS 572-2019 in S.C. Suit no. 4874-05
1 Date : 20.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 572 OF 2019
IN
SUIT NO. 4874 OF 2005
(CNR NO.MHCC010028092019 )
Deepak Vasant Dighe & Anr. .. Plaintiffs
Versus
Kiran Vasant Dighe and Anr. .. Defendants
And
Deepak Kiran Dighe & Ors. .. Proposed
defendants.
Appearances :
Adv.D.C.Pathak for plaintiff present.
Adv.Sonali S. for defendant no.2 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 20.11.2019
ORDER
1. The plaintiff have filed instant Chamber Summons seeking
deleting the name of defendant no. 1 as he has expired on
28.11.2018 and thus, he is seeking amendment as per schedule.
2. It is contended by the plaintiff that defendant no. 1 expired
on 28.11.2018 and the advocate of defendant no. 2 moved the
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CS 572-2019 in S.C. Suit no. 4874-05
2 Date : 20.11.2019
Chamber Summons No. 424 of 2019 in S.C. Suit No. 4608 of 2013
on 14.02.2019, the copy of which was received on 14.02.2019.
The defendant no. 2 also filed another Chamber Summons No. 423
of 2019 in S.C. Suit No. 1509 of 2019 on 20.02.2019 and copy of
Death Certificate of defendant no. 1 supplied alongwith covering
letter to the plaintiff. It is contended by the plaintiffs that inspite
of issuing two letters on 11.01.2019 and 25.02.2019 by the
plaintiff to the advocate of defendant no. 1 and 3, they did not
supplied the proposed Legal Representatives of the deceased
defendant no. 1. As per knowledge of plaintiff the proposed
defendants are married daughters of defendant no. 1 and 2.
Therefore, the plaintiff seeking to add them as a legal heirs by
deleting the name of defendant no. 1.
3. Per contra defendants opposed the Chamber Summons by
filing reply. It is contended that defendant no. 1 expired on
28.11.2018 leaving behind him Will and Testament dated
20.07.2019 whereby, the defendant no. 2 is nominated as
Administrator of the Will. Hence, it is the defendant no. 2 who is
the only legal representative of the defendant no. 1.
4. Heard both the sides. Perused Chamber Summons, reply as
well as last Will tendered by the defendants. It is contended by
the plaintiff that as per his knowledge, the defendant no. 2 and
proposed defendants are the legal heirs of deceased defendant no.
1. The alleged Will is not yet probated, hence, the defendant no. 2
herself could not be sole legal heir of defendant no. 1. In support
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CS 572-2019 in S.C. Suit no. 4874-05
3 Date : 20.11.2019
of his submission, he is relied on the judgment of Hon’ble Madras
High Court in case of G.Ganesan V/s. Sundari. It is well settled
law that the executor can be added as legal heirs without
probating the Will. In the present case, the defendant no. 2
claiming herself to be sole legal heir of defendant no. 1. In my
view, no prejudice would caused to the defendant no. 2 if the
name of proposed defendants are added as legal heirs of defendant
no. 1. The name of defendant no. 2 is already on record. Thus, in
view of the above, I am inclined to allow the Chamber Summons.
Thus, I proceed to pass the following order :
ORDER
1. Chamber Summons No. 572 of 2019 is hereby made absolute
in terms of prayer clause (a), (b) and (c).
2. The plaintiff is hereby allowed to carry out necessary
amendment as per schedule “A” within 14 days from the date
of order.
3. Chamber Summons No. 572 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 20.11.2019 Greater Bombay.
Dictated on : 20.11.2019
Typed on : 20.11.2019
Draft Submitted on : 20.11.2019
Checked on : 22.11.2019
Signed on : 22.11.2019
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CS 572-2019 in S.C. Suit no. 4874-05
4 Date : 20.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22/11/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
20/11/2019
JUDGMENT/ORDER signed by P.O.
on
22/11/2019
JUDGMENT/ORDER uploaded on 22/11/2019
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