Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 5152020 IN SUIT 43032013
MHCC010033522020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 515 OF 2020
IN
SUIT NO. 4303 OF 2013
Ravinder R Kurup & Another ] ...Applicants/Plaintiffs.
Versus
Mrs. Leena Nana Hadkar & Others ]…Defendants.
Appearance:
Ld Advocate Ashutosh Tripathi for Plaintiff.
Ld Advocate Mangal Kadam for Defendant No.2/MHADA.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 24/8/2022
ORAL ORDER
1) Plaintiffs have taken out present chamber summons for
allowing them to delete the name of deceased defendant No.1 and to
bring on record heir/legal representative of deceased defendant No.1.
2) In spite of service of chamber summons the proposed
defendants failed to appear and file their reply. Moreover, defendants
also failed to file their reply. Perused the chamber summons, affidavit
in support of chamber summons and record. Heard arguments
advanced by Ld advocate for plaintiffs and Ld advocate for defendant
No.2.
3) From the affidavit in support of chamber summons and
copy of death certificate annexed therewith it appears that defendant
No.1 expired on 4/10/19 and the proposed defendants mentioned in
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Exh.B to the affidavit in support of chamber summons are the heirs
and legal representatives of deceased defendant No.1. Thus, right to
sue survive against the proposed defendants.
4) Ld advocate for plaintiff submitted that as the advocate
for defendant No.1 had not informed the names of heirs and legal
representatives of deceased defendant No.1 much time was consumed
for searching the heirs of deceased defendant No.1 and therefore,
delay in taking chamber summons be condoned. From the above
submission of the advocate for plaintiff there appear just cause for non
taking out present chamber summons within prescribed period.
5) Considering the matter on record and above discussion
chamber summons deserves to be made absolute. Therefore, court
proceeds to pass the following order:
ORDER
1) Chamber Summons No. 515 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. 515 of 2020 is disposed off accordingly.
Date : 24/8/2022
(Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on: 24/8/2022.
Typed on : 25/8/2022.
Checked on :25/8/2022.
Signed on :26/8/2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/8/2022 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
24/8/2022.
JUDGMENT/ORDER signed by P.O.
on
26/8/2022.
JUDGMENT/ORDER uploaded on 30/8/2022.
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