Full Order Text
Order 1 · 17 Feb 2020 · CNR MHCC010036072018
Order Details: Chamber summons Pdf Text: 1 Misc.App.92.18 IN THE COURT BOMBAY CITY CIVIL COURT AT GR. BOMBAY Chamber Summons No. 46 of 2020 In Misc. Appeal No. 92 of 2018 Bharti Santosh Bhosale … Appllicant V/s. Municipal Corporation of Gr. Mumbai & anr. … Respondents Coram : H. H. THE PRINCIPAL JUDGE M. W. CHANDWANI Dated : 17th February, 2020 (C.R.No.19) Advocate Ms.Sapna Rachure for applicant. Advocate Mr.A.V. Diwate for respondent. O R A L O R D E R By the present Chamber Summons, the applicant is praying to bring legal heirs of deceased on record. 2 It is contended by the applicant that the deceased had filed appeal against the order dated 15th February, 2020, passed by the Estate Officer. The appellant died on 16th October, 2019. The applicant is sole legal heir of the appellant. Therefore, her name be joined as a appellant being a necessary party. 3 The Chamber Summons is opposed by the respondent and sought -- 1 of 3 -- 2 Misc.App.92.18 rejection of the Chamber Summons. 4 Suffice to say that appellant – Hemalata Shamrao Sakhavalkar had filed appeal against the order dated 15th February, 2020, of the Estate Officer passed under Section 5 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971. It appears from the death certificate that the appellant died on 16 th October, 2019. The applicant claims to be her legal heir. It appears that right to appeal survive. 5 I see no reason in the objection of the learned advocate for the respondent. Therefore, I proceed to pass the following order: O R D E R 1) Chamber Summons no.46/2020 is allowed in terms of prayer clause (a). 2) The applicant to carry out necessary amendment in the appeal memo within two weeks. 17/02/2020 (M. W. CHANDWANI) Principal Judge, Gr.Bombay. Dictated on : 17/02/2020 Transcribed on : 18/02/2020 Signed by H.H.J. on : 25/02/2020 -- 2 of 3 -- 3 Misc.App.92.18 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 26/02/2020 (11.55 a.m.) Name of the Judge H. H. THE PRINCIPAL JUDGE Shri M. W. CHANDWANI(C.R.No.19) Date of Pronouncement of Order 17th February, 2020 Order signed by P.O. on 25th February, 2020 Order uploaded on 26th February, 2020 -- 3 of 3 --