Interim Order 1

Order Details: Chamber summons
Pdf Text: 1 Misc.App.93.18
IN THE COURT BOMBAY CITY CIVIL COURT AT GR. BOMBAY
Chamber Summons No. 45 of 2020
In
Misc. Appeal No. 93 of 2018
Prakash J. Dalvi & Ors.
L.Rs. of late Mangala
Jagannath Dalvi ..Applicants
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 applicants have prayed for
condonation of delay of 497 days in filing civil application. They also prayed
that the abatement of appeal may be set aside and the applicants be brought on
record as legal heirs and be joined as appellant nos. 1(a) to 1(c) with necessary
amendment.
2 Suffice to say that appellant Mangala Jagannath Dalvi had filed
appeal against the order dated 15th February, 2010 passed by the Estate Officer
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2 Misc.App.93.18
under Section 5 of Public Premises (Eviction of Unauthorised Occupants)
Act,1971.
3 It appears from the death certificate that the appellant died on 2nd
April, 2018. There is delay of 497 days in filing the present Chamber Summons.
The reason given in the application for delay is that the applicants were mouring
of their mother and they were not aware all the details of the appeal. When
advocate on record through other appellants in identical appeal contacted, they
came to know about the present appeal.
4 Respondent objected the Chamber Summons on the ground that
there is huge delay and is not properly explained.
5 Let me state that the applicants by filing affidavit have explained
the reason for delay. Nothing has been brought on record to show that the delay
in moving Chamber Summons is intentional delay. It but natural that after the
death of blood relatives, family remained in mouring and in completing last rites
and visuals. Further, the applicant on affidavit has mentioned that they were not
aware of this appeal and only when the advocate in identical appeals contracted
them, they came to know about the present appeal. The reason appears to be
bona-fide one. No prejudice will be caused to the respondent. It is also desirable
that the matter should be heard on merit. Therefore, the case to condone the
delay is made out.
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3 Misc.App.93.18
6 The applicants have mentioned that they are legal heirs of
appellant, i.e. sons and daughters of the appellant. Therefore, their names are
required to brought on record in place of appellant.
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. 45/2020 is allowed in terms of prayers
clause (a) to (d).
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 : 20/02/2020
Signed by H.H.J. on : 25/02/2020
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4 Misc.App.93.18
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
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