Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/H No.652/2019 in L.C.Suit No.3027-2014
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.652 OF 2019
IN
LONG CAUSE SUIT NO. 3027 OF 2014
1 Sadanand Laxman Jawkar and others ]..Plaintiffs.
V/s.
1 Shri Dilip Laxman Jawkar and others ]..Defendants.
Advocate Mr. Nitin E. Rakshe for the plaintiffs.
Advocate Mr. Hiren Shah for the defendant no.1.
Advocate Ms. Prabhu for the defendant nos.2, 3 and 5.
Advocate Ms. Chandramore for the defendant no.6.
CORAM : HIS HONOUR JUDGE
S.R. SALUNKHE.
(C.R. No. 12)
DATE : 4th MARCH, 2020
ORAL ORDER
This Chamber Summons is taken out by the plaintiffs to
bring on record the legal representatives of deceased plaintiff nos.1 and
2 and also for amendment in the plaint seeking temporary reliefs.
2 The defendant no.1 has not filed reply nor paid cost as
submitted by the learned advocate for the plaintiffs. The other
defendants have also not filed reply. The death Certificate shows that
the plaintiff no.1 has died on 26.07.2018 and the plaintiff no.2 has died
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2 C/H No.652/2019 in L.C.Suit No.3027-2014
on 31.12.2017. This Chamber Summons is taken out on 18.03.2019.
There are two other plaintiffs, who have prosecuted the suit further.
Though there is abatement, the suit survived and the prosecuted by rest
of the plaintiffs. Therefore, it would be just to condone the delay and to
set aside the abatement against the plaintiff nos.1 and 2 and to allow
their legal representatives to come on record. The amendment to pray
interim relief are also be allowed to be made to protect right and
interest of the plaintiffs in the disputed property. Hence, the order.
ORDER
Chamber Summons No.652 of 2019 is made absolute in
terms of prayer clause (a) and (b).
2 The plaintiffs to carry out amendment as per the Schedule
annexed to the Chamber Summons and shall submit copy of amended
plaint for the Court’s record and for service on the defendants within 14
days from the date of this order.
3 Chamber Summons No.652 of 2019 stands disposed of
accordingly.
(S. R. SALUNKHE)
Judge,
City Civil Court,
Date: 04/03/2020. Gr. Bombay.
Dictated on : 04/03/2020
Transcribed on : 04/03/2020
Signed on : 04/03/2020
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3 C/H No.652/2019 in L.C.Suit No.3027-2014
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/03/2020 At 12.05 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
04/03/2020
Judgment/Order signed by P.O. on 04/03/2020
Judgment/Order uploaded on 05/03/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29/02/2020 At 4.00 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
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4 C/H No.652/2019 in L.C.Suit No.3027-2014
Date of pronouncement of
Judgment/Order
26/02/2020
Judgment/Order signed by P.O. on 27/02/2020
Judgment/Order uploaded on 29/02/2020
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