Interim Order 1

Order Details: Chamber summons
Pdf Text: ..1.. C/S. No.446/2025 (SC No.39/20)
MHCC010029642025
Presented on : 21-02-2025
Registered on : 21-02-2025
Decided on : 13-02-2026
Duration : 00 Y, 11M, 21Days
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO. 446 OF 2025
IN
SHORT CAUSE SUIT NO. 39 OF 2020
Kumar Devdas Advani … Plaintiff
Vs.
Jalpa Suresh Tankaria & Ors. … Defendants
CORAM : HER HONOUR JUDGE
SMT. H. C. SHENDE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 13th February, 2026.
Appearance :-
Mr.S. G. Mahamuni, Advocate for the plaintiff.
Mr.Pradosh Patil, Advocate for the defendant No.6.
O R D E R
1. The present chambers summons field by the plaintiff with
request to allow the plaintiff to change name of defendant No.6 by its
new name ‘Aditya Birla Real Estate Limited’ in the title clause of the
plaint.
2. Further the plaintiff requested to allow him to delete
defendant no.2 since deceased from the title clause and allow to add
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..2.. C/S. No.446/2025 (SC No.39/20)
defendant no.20a by way of amendment without service on the
respondent. So also allow to issue fresh summons against those
defendants including defendant no.2a i.e. unnkown legal heir of
defendant no.2.
3. The other side raised strong objection as there is no
concept in the law of bringing of ‘unknown legal heirs’ on record.
Nothing mentioned as to when the defendant no.2 expired so the said
prayer cannot be allowed. So far as change in the name of defendant
no.6 they submitted to the court order.
4. Heard both sides. Perused record.
5. The Ld. Advocate for the plaintiff argued as per their
chamber summons. They relied upon the documents of minsitry of
Coroporate affairs which suggest that, the name of company changed
from ‘Century Textile and Industries Limited’ to ‘Aditya Birla Real Esate
Limited’, with effect from the date of certificate i.e.from 2024 onwards.
The suit filed in the year 2020 against defendant No.6 with rest
defendants and the name of defendant No.6 now changed in the year
2024. Contention of plaintiff supported by the documents so there is no
hurdle in accepting the prayer in the chamber summons about change
of name of defendant No.6.
6. However the rest prayer clause(b) cannot be accepted as
the plaintiff is asking to delete name of defendant No.2 without
mentioning the details and asking to bring unknown legal heirs of
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..3.. C/S. No.446/2025 (SC No.39/20)
defendant No.2 by allowing to insert the legal heirs to 2(a) as a
‘unknown legal heirs’ of defendant No.2. Admittedly such prayers
cannot be accepted as there is no concept of unknown leal heirs in law.
Thus said prayers do not have any merits and place in the eye of law.
So the prayer clause(b) cannot be accepted or allowed. So far as pryaer
clause(a) and issuance of summons to the newly added defendants
company can be accepted and allowed.
7. Hence in the circumstances and for the reasons the court
proceed to pass the following order;
O R D E R
1. The Chamber Summons No.446/2025 in Suit No.39/2020 is
partly allowed.
2. The prayer clause(a) of the Chamber Summons is allowed.
The plaintiff is allow to carry out the amendment within
within stipulated period from the date of this order.
3. After amendment, the plaintiff shall file amended plaint and
serve the copy of amended plaint on the other side within
two weeks from the date of carrying out amendment in the
plaint.
4. No order as to costs.
5. Proceeding of Chamber Summons No.446/2025 in Suit
No.39/2020 is closed.
Date : 13.02.2026 (H. C. Shende )
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 13.02.2026
Typed on : 13.02.2026
Checked on : 16.02.2026
Corrected and signed on : 16.02.2026
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..4.. C/S. No.446/2025 (SC No.39/20)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2026 at 11.11 a.m. (Mrs.Prajakta K. More, Grade-1)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. H. C. Shende (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
13.02.2026
JUDGMENT/ORDER signed by
P.O.on
16.02.2026
JUDGMENT/ORDER uploaded on 17.02.2026
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