Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 472 OF 2018.
IN
L.C. SUIT NO. 2172/2009
CNR NO. MHCCO10033742018
Ramdas Bharosh @ Rambharosh Jaiswar ) ...Plaintiff.
Versus
Mumbai Municipal Corporation & Ors. ) ... Defendants.
Appearance:
Advocate Ms.Neelam Gupta for Plaintiff.
Advocate Mr. Kumavat for Defendants/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 03rd JUNE,2019.
(C.R.No.06)
O R D E R
This Chamber summons is taken out by plaintiff for
deleting the defendant nos. 5, 9 and 19 from the cause title of the
plaint.
2. Chamber summons is supported by an affidavit of
Vijaykumar Ramdas Jaiswar who is the constituted attorney of the
plaintiff.
3. Heard Ld. advocate Ms.Neelam Gupta on behalf of the
plaintiff and Ld. Advocate Shri Kumavat for the MMC/deft.no.1.
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4. It is submitted by the advocate for plaintiff that the
defendant no.5 Naikadevi wd/o Lalaram Jaiswar had been died before
filing of this suit and the defendant no.9Gundevi w/o. Magaruram
Jaiswar and defendant no.19Nankidevi wd/o Sukhuram Jaiswar were
died during the pendency of the suit. The Legal heirs of the deceased
defendants are already on record. Therefore, plaintiff has prayed that
the names of the deceased defendants be deleted from the title of the
plaint.
5. Defendant no.1/Corporation has strongly opposed this
chamber summons by contending that this chamber summons is not
legal, proper, tenable and maintainable. Already legal heirs are brought
on record. Hence, chamber summons be dismissed.
6. On perusal of the record, it appears that there is no denial
on behalf of defendant no.1 that the defendant nos. 1, 5, 9, and 19 are
died and already their legal heirs are on record. In my opinion, if this
application is allowed, no prejudice would be caused to the defendants.
Hence, I am inclined to pass following order:
ORDER
1. Chamber Summons No. 472/2018 is hereby allowed as prayed for.
2. The plaintiff and his advocate are directed to carry out proposed
amendment as prayed within 14 days.
3. Chamber summons is disposed of accordingly.
Date : 03.06.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 03.06.2019
Transcribed on: 04.06.2019
Signed by HHJ : 04.06.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/06/2019 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
03/06/2019
Judgment/order signed by P.O on 04/06/2019
Judgment/order uploaded on 04/06/2019
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