Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101022/2020
RUPALI SUNIL PANDIT and Ors. Vs NARENDRA THAKARLAL SHAH and Ors.
Date : 20-08-2021
Business : Adv. Abhay Pande for plaintiff present. Adv. Jaya Bagwe
I/b Adv. Sharmila Deshmukh for defendant No. 1 present.
Adv. for plaintiff filed draft chamber summons along with
affidavit in support. Adv. for plaintiff filed pursis to take on
record xerox copy of death certificate of defendant No. 1.
t.o.r. ORDER in draft chamber summons The chamber
summons is filed by plaintiff to bring legal heirs of
deceased defendant No. 1 expired on 10.04.2020. The suit
is filed for partition therefore the legal heirs of deceased
defendant No. 1 are necessary parties to the suit. The court
has started regularly working since 02.08.2021. The
chamber summons is supported by affidavit of Rupali
Pandit. In para No. 5 of affidavit she stated that there is
delay to file chamber summons. However there is extension
of limitation in background of nationwide lockdown.
Admittedly due to covid-19 pandemic situation the parties
could not take steps. Therefore the delay to bring on record
the legal heirs and abatement if any needs to be condoned.
Considering the nature of suit being partition and the
present pandemic situation the abatement against defendant
No. 1 and the delay is to be condoned. No prejudice will
cause to other side. The suit is for seeking partition of 1/3rd
share of plaintiff in the suit property. Hence pass following
order ORDER 1. The chamber summons is allowed by
setting aside the abatement and condoning the delay. 2. The
legal heirs of defendant No. 1 are taken on record as per
schedule-A annexed to chamber summons. 3. The plaintiff
to carryout necessary amendment within limitation. 4.
Accordingly, Chamber summons is disposed of. 5.
Chamber summons be registered for statistical purpose.
ORDER passed below Notice of motion No. 1022/2020 On
perusal of NM No. 1022/20 defendant No. 1 had filed
seeking relief of conducting an inquiry into mental and
physical infirmity of defendant No. 1 by reason of brain
stroke and to appoint his younger son as guardian. Hence
pass following order ORDER The defendant No. 1 has
expired on 10.04.2020. The chamber summons filed by
plaintiff to bring legal heirs of deceased defendant No. 1 is
allowed. Therefore now this notice of motion has become
infructuous. Hence notice of motion is disposed of.
Nature of Disposal : ORDER
Disposal Date : 20-08-2021
COURT 04 ADDL SESSIONS JUDGE
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