Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 48820 IN SUIT NO.97914
MHCC010032202020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 488 OF 2020
IN
SUIT NO.979 OF 2014
Murari S/o. Krishnaji Chavan ] ...Plaintiff.
Versus
Damyanti Murari Chavan and Others ]…Defendants.
Appearance:
Ld. Advocate Karan Choudhary for Plaintiff.
Ld. Advocate Vilas Jadhav for Defendant No.2A to 2C.
Ld. Advocate Mangal Kadam for Defendant No.4.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 03/02/2023
ORAL ORDER
1) Plaintiff has taken out present chamber summons for allowing
him to amend the plaint as per schedule.
2) Perused the Chamber Summons, affidavit in support of chamber
summons and record. Heard arguments advanced by Ld. Advocate
for plaintiff and Ld. Advocate for defendants No.2A to 2C and
defendant No.4.
3) From the proposed amendment it appears that plaintiff wants to
delete the name of defendant No.1 since deceased. From the copy
of death certificate tendered alongwith Exh.8 and the affidavit in
support of chamber summons it appears that defendant No.1
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2 CS 48820 IN SUIT NO.97914
expired on 12/6/18. Plaintiff has stated on solemn affirmation that
he got knowledge about death of defendant No.1 in January 2020.
Present chamber summons is tendered on 13/2/2020 i.e. within 90
days from the date of knowledge of the death of defendant No.1.
The proposed amendment is formal and appears necessary for
deciding the real controversy between the parties to the suit. No
prejudice is likely to be caused to the defendants. Trial of the suit is
yet not commenced. Therefore, there appear no substance in the
objection of the defendants.
4) Considering the matter on record and above discussion present
chamber summons deserves to be made absolute. Therefore, court
proceeds to pass the following order :
ORDER
1) Chamber Summons No.488 of 2020 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14
days from the date of this order.
3) Chamber Summons No.488 of 2020 is disposed off accordingly
Date :3/2/2023. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :3/2/2023.
Typed on : 4/2/2023.
Draft received on:4/2/2023.
Checked on :6/2/2023.
Corrected & signed on :6/2/2023.
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3 CS 48820 IN SUIT NO.97914
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
6/2/2023 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
3/2/2023.
JUDGMENT/ORDER signed by P.O.
on
6/2/2023.
JUDGMENT/ORDER uploaded on 6/2/2023.
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