Final Order 1

Order Details: Chamber summons
Pdf Text: C/s 442/18 in Su 2813/14 1/2 Date : 7.3.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.442/2018
IN
SUIT NO.2813/2014
Saanvi Sachin Mhatre ]...Plaintiff
V/s.
1. Sudhir Pandurang Patil & Ors. ]…Defendants
Adv. Ram Mohite for plaintiff.
Adv. Ransube for proposed LRs of defendant no.1.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 7.3.2018
ORDER
(Dictated in open court)
1. This chamber summons is filed by the plaintiff for bringing on
record the Legal heirs of defendant no.1, who expired on 31.5.2017.
There is delay of about six months in filing the chamber summons.
2. It is stated in the affidavit filed in support of the chamber
summons that the copy of the death certificate of defendant no.1 was
not furnished to the plaintiff for taking further steps in the matter. In
the third week of January, 2018 the plaintiff was able to obtain copy of
death certificate from the respondents for making appropriate
application.
3. It appears from the reasons given in the affidavit that the delay
in filing chamber summons was not deliberate or intentional. The
plaintiff has made out sufficient cause for condoning delay. However,
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C/s 442/18 in Su 2813/14 2/2 Date : 7.3.2018
plaintiff is liable to pay cost to the Legal heirs of defendant no.1.
Hence, following order.
ORDER
1. Chamber summons no.442/2018 is made absolute in
terms of prayer clauses (a) and (b) subject to payment of
cost of Rs.2,000/ to the legal representatives of
defendant no.1 within two weeks.
2. If the cost is paid, the necessary amendment be carried
out within two weeks thereafter.
3. If cost is not paid, present chamber summons shall
stand dismissed.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 7.3.2018 Gr. Bombay.
Dictated on : 7.3.2018
Typed on : 12.3.2018
Signed on : 12.3.2018
CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
12.3.2018 at 04.00 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal,
C.R. No.3
Date of Pronouncement of
JUDGMENT/ORDER
7.3.2018
JUDGMENT/ORDER signed by
P.O. on
12.3.2018
JUDGMENT/ORDER uploaded on 12.3.2018
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