Final Order 1

Order Details: Chamber summons
Pdf Text: C.S. 6332019 SU 59002005 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.633 of 2019
IN
SUIT NO.5900 OF 2005
IN
(HIGH COURT SUIT NO. 454 OF 2005)
(CNR.NO.MHCC010031282019)
Thakubai Mukund Mali .. Plaintiffs
Versus
1. Gajanan Raghunath Mhatre & Ors. .. Defendants
Shri. Almeida, Advocate for Plaintiff.
Shri. Ruturaj Joshi, Advocate for defendant.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
C.R. No. : 32
Dated : 23rd April, 2019.
ORDER
. Plaintiff taken out this Chamber Summons to amend the
title of the plaint by deleting the name of Defendant No.3 and substitute
the name of Respondent as Defendant Nos.3 (a) to 3 (c) in his place as
per the schedule annexed.
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C.S. 6332019 SU 59002005 2
2. Defendant No.3 is expired on 23.02.2019. The respondent
nos.3 (a) to 3 (c) are the only legal heirs of deceased defendant. Cause
of action survive in their favour. Hence, they are required to be
substituted in the place of deceased Defendant No.3 by deleting the
name of Defendant No.3.
3. Chamber Summons is within time and it is not disputed by
the defendant that instead of respondent nos.3 (a) to 3 (c) there are
other legal heirs to the deceased. Hence, I proceed to pass following
order.
ORDER
1. Chamber Summons No.633/2019 is made absolute in terms
of prayer clause.
Date : 23.04.2019 (Pushpa N. Rao)
Ad hoc Judge
City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 23.04.2019
Signed by HHJ on : 23.04.2019
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C.S. 6332019 SU 59002005 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 24.04.2019 at 3.55 pm
NAME OF THE TYPIST : Mr.S.D.Mahure
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
23.04.2019
Judgment/Order signed by P.O. on 23.04.2019
Judgment/Order uploaded on 24.04.2019
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C.S. 6332019 SU 59002005 4
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