Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.513 OF 2018
IN
SUIT NO.388 OF 2000
Neha Bhagwandas Vakani ...Applicant.
Bhagwandas Tulsidas Vakani & ors. ...Plaintiff
V/s.
Dinesh Govindji Joshi & ors. ...Defendants.
Appearances:
Applicant in person.
Ld. Adv. Mr.Anil Bagwe for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 10th September,2018
ORDER
By way of this chamber summons applicant/plaintiff No.1(c) in
person prayed for directing defendant Nos.1(a), 1(b) and 1(c), who are
the legal heirs/representatives of the deceased defendant being his
widow and two daughters to give particulars and present address of
Sandhya Dineshchandra Joshi, the third daughter and legal heir of the
deceased defendant.
2. In supporting affidavit applicant submitted that, she is legal heir
of deceased plaintiff Nos.1 and 2 and plaintiff No.1 was her father and
No.2 was her brother. They have filed Chamber Summons NO.403 of
2018 and sought relief in that chamber summons about addition of
MHCC01-003614-2018
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CS 513/2018 .. 2 .. Suit No.388/2000
legal heir of defendant No.1. However, during hearing of the said
chamber summons it was noticed that, deceased defendant is having
daughter namely Sandhya Dineshchandra Joshi, who is proposed
defendant No.1(d). Therefore, she tried to serve the said proposed
defendant by way of speed post at her address as official recorded in
the status report of her LIC policy. But said envelope on that address
was returned back as 'left' and another envelope showing reason that
'item delivery attempted addressee moved'. In such circumstances, it is
necessary that name of that deceased legal heir of deceased defendant
No.1 (a) who is widow and other two daughters are having knowledge
of the particulars and address of defendant No.1(d) Sandhya
Dineshchandra Joshi and therefore, prayed that, necessary directions be
given to defendants for filing the correct address of Sandhya
Dineshchandra Joshi on record with particulars.
3. After service of the chamber summons defendants filed their reply
and submitted that, they have already supplied address in Chamber
Summons No.403 of 2018 wherein the detail in respect of Sandhya
Dineshchandra Joshi, who is now Priti Jayesh Shah is having same birth
date i.e.06.08.1974 and is the same person who was to be served as per
address mentioned on passport and therefore, they submitted that,
chamber summons be dismissed being of no purpose as Chamber
Summons No.403 of 2018 is filed.
4. Heard both the sides at length. Perused the record and
submissions.
5. On perusal of the record, the prayer of the applicant in respect of
particulars and specific address of Sandhya Dineshchandra Joshi, the
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CS 513/2018 .. 3 .. Suit No.388/2000
third daughter and legal heir of deceased defendant, was sought. In
such circumstances, if defendant Nos.1(a) and 1(b) produce correct
address of Sandhya Dineshchandra Joshi, who is now become Priti
Jayesh Shah, it will serve the purpose of applicant and it will also
helpful for proper adjudication of the matter. Therefore, chamber
summons needs to be made absolute. In the circumstances, it will be
proper to direct parties to bear their costs and hence, I proceed to pass
the following order :
O R D E R
1. Chamber Summons No.513 of 2018 in Suit
No.388 of 2000 is made absolute.
2. Defendant No.1 (a),1(b) and 1(c) are already
provided the detailed address alogn with
documents of Smt.Sandhya Dineshchandra Joshi
alias Priti Jayesh Shah as per passport. It be
taken on record.
3. No order as to costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 10/09/2018 City Civil Court, Gr. Mumbai
Dictated on : 10.09.2018
Transcribed on : 11.09.2018
Signed on : 11.09.2018
kps/
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CS 513/2018 .. 4 .. Suit No.388/2000
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.09.2018 at 2.46 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 10.09.2018
Judgment/order signed by P.O. on 11.09.2018
Judgment/order uploaded on 11.09.2018
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