Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 761 OF 2019
IN
SUIT NO.5139 OF 2012
(CNR NO.MHCC01-003830-2019)
1a) Shri Murlidhar Ramgopal Sharma )...Applicant.
V/s.
In the Matter Between:
1a) Shri Murlidhar Ramgopal Sharma )...Plaintiff
V/s.
1.Radheshyam Gajanan Sharma & Anr. )...Defendants
And
1f)Savitridevi Mahesh Kumar Sharma )...proposed
plaintiff 1f.
Appearance:-
Ld. advocate Mr. Vikram Singh for plaintiff
Ld. advocate Ms.Neha Pande for defendants.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :05/03/2020 (C.R.No.31)
ORDER
This is a chamber summons taken out by the applicant who is the
plaintiff no.1a for taking legal heirs of the deceased plaintiff Ramgopal
Sharma. The defendants resisted this chamber summons by filing their
reply. Read the present chamber summons, reply of the defendant
thereon. Heard both the learned counsels on behalf of both the sides at
length. Perused the record.
2. On scrutiny of the pleadings of both the parties and on perusal of
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the record it appears to me that the plaintiff has submitted that the
original plaintiff Ramgopal Sharma has filed the present suit. During
pending of this suit, the original plaintiff Ramgopal Sharma is died.
Therefore, his legal heirs including the applicant are came on record,
but in inadvertently the proposed plaintiff is not taking on record.
Therefore, the present chamber summons is for taking legal heirs of the
deceased plaintiff Ramgopal Sharma is on record.
3. During arguments of the learned counsel on behalf of the
defendants that the learned counsel for defendant has taken out the
objection for filing this late chamber summons for taking legal heirs of
deceased plaintiff Ramgopal Sharma. Therefore, the learned counsel
on behalf of the defendants has requested that the present chamber
summon taken out by the applicant i.e. plaintiff no.1 may kindly be
dismissed.
4. On perusal of the record, it appears that admittedly after demise
of the original plaintiff Ramgopal Sharma his legal heirs were taken
out on record except the present proposed legal heirs viz. Savitridevi
Mahesh Kumar Sharma. In support of this chamber summons, the
applicant Shri Murlidhar Ramgopal Sharma has filed his affidavit. On
perusal of the record, it further appears that yet issues are not framed.
Therefore, if chamber summons is to be allowed, it will not cause any
hardship to the defendants. Therefore, I inclined to allow this chamber
summons taken out by the applicant. Hence, I have proceed to pass
following order.
ORDER
1. Plaintiff's chamber summons no.761/2019 is hereby allowed as
prayed for.
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2. Plaintiffs and their advocates are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons no. 761/2019 is disposed off accordingly.
(R.V.Kokare)
Judge,
Dated: 05/03/2020. City Civil Court, Gr. Bombay.
Dictated on:05/03/2020
Transcribed on:06/03/2020
Signed by HHJ: 06/03/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06/03/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
06/03/2020
Judgment/order signed by P.O on 06/03/2020
Judgment/order uploaded on 06/03/2020
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