Final Order 1

Order Details: Other
Pdf Text: 10.11.2021
39
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
MA 44/2020 @
CS 292/2021
Adv. Francisca Philip for applicants present.
Applicant no.1(c) Mrs. Deepa Vipul Gheelani, daughter of
original plaintiff (deceased) present.
Applicants/daughters of original plaintiff filed Ch/sum
no.292/2021 for amending the plaint by deleting name of
original plaintiff/decree holder and substituting name of
applicants in place of original plaintiff. Suit is disposed of by
judgment and order dated 31.10.2018. Hence, Ch/sum is
not legally tenable and decree cannot be amended. Hence,
Ch/sum No.292/2021 is dismissed.
However, applicants filed MA no.44/2020 only for return of
original documents and for that purpose, they have filed
Ch/sum No.292/2021. As the original plaintiff is expired on
20.11.2020 i.e. after passing of the judgment and decree and
as applicants are legal heirs of original plaintiff, they are
entitled to get original documents filed by the plaintiff in
Suit no.9407/1999 (High Court Suit No.5387/1999).
Hence, MA No.44/2020 is allowed. Registrar (Civil) is
directed to deliver original documents of plaintiff
(deceased) to any of the applicant herein after
submitting photocopies of original documents and give
two keys of suit flat which is attached with the Court
record as mentioned in the miscellaneous application
no.44/2020. Proceeding is closed. Authenticated copy of
roznama be given to Adv. for applicants.
Judge
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