Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100536/2018
Rita Mahesh Dadarkar And Ors Vs Yeshubai Gopinath Dadarkar
Date : 31-08-2018
Business : Adv. Kothari with Laxminarayan Shukla for the Plaintiff
present. Adv. Shinde for D-3 and 4 present. Adv. Shetal Shah
Parekh for Defendant nos. 6 and 6a present Adv. Ms. Jarana
for Defendant 7 to 12 present. D-2 in person present. D-1 and
5 expired. ORDER BELOW CH/S No. 536/18 Heard. Perused
Chamber summons and affidavit in support. Adv. for
defendants who are present before the Court urged for
imposing heavy costs on the plaintiff while allowing chamber
summons. Admittedly, there is delay of more than 5 years in
brining legal heirs of deceased defendant No.5. Thus,
considering the delay caused in bringing legal heir on record,
while allowing present Chamber summons, it is just to impose
cost upon the plaintiff with this, I proceed to pass the
following order. ORDER 1. Chamber summons 536/18 is
made absolute in terms of prayer clause (A),(B) and (C)
subject to costs of Rs.750/- to each defendant who are
appearing in the suit through advocate or in person. 2. On
payment of cost, delay caused is hereby condoned and
abatement order is hereby set aside. 3. The plaintiff is hereby
allowed to carry out amendment in the suit plaint accordingly
as per schedule-I annexed to the Chamber summons on or
before next date and further directed to place on record
amended copy of the suit plaint and furnish the same to the
defendants who are appearing in the suit. 4. Issue writ of
summons to legal heirs of deceased defendant No.5 i.e.
defendant No.5(a) to 5(c). 5. Chamber summons is disposed
of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 31-08-2018
COURT 1 ADDL SESSIONS JUDGE
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