Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 524-20 In S.C.Suit No. 1938-2009
1 Date 29.08.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 524 of 2020
IN
S.C.SUIT NO. 1938 of 2009
(CNR NO.MHCC01-003816-2020)
1. Mrs. Padma Venkatesh Naidu .. Applicant
2. Mrs. Meena Raghunathan @
Mrs. Meenakshi B. Raghunathan ... Plaintiff.
Versus
Mr. Venkatesh Muthalgar Subbiah & Ors. .. Defendants
Appearances :
Mr. Venkatesh Naidu, the proposed Legal Heir of deceased plaintiff
no. 1.
Adv. Mr. Shishir Pandey for defendant no. 1 to 3 and proposed
defendant no. 4.
Adv. Ms. Puja Pande for plaintiff no. 2.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 29.08.2020
ORDER
1. The applicant filed instant Chamber Summons for bringing
legal heir of plaintiff no. 1 on record and to condone delay in filing
present Chamber Summons.
2. Chamber Summons is opposed by the defendants by
tendering their joint reply on the ground that the plaintiff no. 1
expired in the month of April 2020, inspite of applicant having
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Chamber Summons 524-20 In S.C.Suit No. 1938-2009
2 Date 29.08.2020
knowledge of the said fact but he preferred the application on
14.07.2020. Thus, there is a deliberate delay in tendering the
Chamber Summons. Hence, the defendants prayed for rejection of
the application.
3. Heard applicant in person and Advocate Mr. Shishir Pandey
for the defendants. Perused application, reply and rejoinder. The
plaintiff filed present suit for claiming their share in the property
of their father. During pendency of the suit, the plaintiff no. 1
expired on 04.04.2020 i.e. during the lockdown period.
4. It is admitted fact that the present applicant is the husband
of plaintiff no. 1 and plaintiff no. 1 died on 04.04.2020 It is out of
place to mention that during Pandemic period, the Limitation Act
would not operate to run. Hence, there is no question of delay in
filing present Chamber Summons. Even otherwise also the
applicant being the husband of plaintiff no.1 is having every right
to continue the present suit as legal heir of his wife. In my view,
there is no delay as such and the applicant needs to be added as a
legal heir of plaintiff no. 1. In view of the above discussion, in my
view, the Chamber Summons needs to be allowed. Thus, I proceed
to pass the following order :
ORDER
1. Chamber Summons No. 524 of 2020 is hereby allowed in
terms of prayer Clause "(a) to (c)".
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Chamber Summons 524-20 In S.C.Suit No. 1938-2009
3 Date 29.08.2020
2. Applicant is allowed to cary out necessary amendment
within 14 days from the date of order or within 14 days after
regularization of Court working.
3. No order as to the cost.
4. Chamber Summons No. 524 of 2020 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 29.08.2020 Gr. Bombay
Dictated on : 29.08.2020
Transcribed on : 29.08.2020
Draft submitted on : 29.08.2020
Checked on : 29.08.2020
Signed on : 29.08.2020
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Chamber Summons 524-20 In S.C.Suit No. 1938-2009
4 Date 29.08.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29/08/2020 at 2.30 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
29/08/2020
JUDGMENT/ORDER signed by
P.O. on
29/08/2020
JUDGMENT/ORDER uploaded
on
29/08/2020
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