Final Order 1

Order Details: Chamber summons
Pdf Text: CS 554-18 in Suit 2203-10 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 554 of 2018
IN
MISC. APPLICATION NO. 3 OF 2013
IN
SUIT NO.2203 of 2010
(CNR.NO.MHCC010039162018)
Smt. Suchita Suryakant Shetye
& Ors. .. Plaintiffs
Versus
Smt. Taramati Raghunath Shetye
& Ors. .. Defendants
Shri. Saiprasad Dudhane, Advocate for plaintiff.
Shri. Bhagat, Advocate for defendant nos.2, 4 to 8 and 10 to 12.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Asstt. Judge
C.R. No. : 32
Dated : 7th March, 2019.
ORDER
. Applicant/Plaintiff taken out this Chamber Summons for
(a) delete the name of Defendant No.9 and to bring his
legal heirs on record.
(b) to set aside the order of abatement of suit against
Defendant No.9 if any.
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CS 554-18 in Suit 2203-10 2
(c) delay if any be condoned.
(d) service on the Advocate for defendant and proposed
defendant be allowed.
2. Plaintiff has placed on record the death certificate of
Defendant No.9. He is expired on 07.01.2018 The representing
Advocate for the defendants informed to the plaintiff by their letter dtd.
05.03.2018 that Defendant No.9 is expired on 07.01.2018 and provided
the names of his legal heirs. Though Defendant No.9 was expired on
07.01.2018 but the Advocate representing the defendant informed to
the plaintiff on 05.03.2018. Therefore, intimation about death of
Defendant No.9 to the plaintiff is with the delay of two months. As
sooon the plaintiff received the information about the death of
Defendant No.9 from Advocate Bhagat, they had taken out the present
Chamber Summons on 09.03.2018. Therefore, there is no delay on the
part of plaintiff. Considering this aspect the Chamber Summons is
required to be allowed in terms of prayer clause. Hence, I proceed to
pass following order.
ORDER
1. Chamber Summons No.554/2018 is made absolute in terms of
prayer clause.
2. Plaintiff/Applicant is directed to make necessary corrections in
Misc. Application No.03/2013.
Date : 07.03.2019. (Pushpa N. Rao)
Ad hoc Asstt. Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 07.03.2019.
Signed by HHJ on : 07.03.2019.
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CS 554-18 in Suit 2203-10 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 08.03.2019 at 11.15 am
NAME OF THE STENOGRAPHER : P.P.Parab
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
07.03.2019
Judgment/Order signed by P.O. on 07.03.2019
Judgment/Order uploaded on 08.03.2019
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CS 554-18 in Suit 2203-10 4
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