Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. S. No.58218 in Suit No.8699/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO.582 OF 2018
IN
SUIT NO. 8699 OF 2018
Ahmed R. Currim } …Applicant
In the matter between
Ahmed R. Currim & Anr. } …Plaintiff
V/s.
1(a) Mrs. Chanchal Lakhamshi Chheda & Ors. } ...Defendants.
Appearance :
Advocate Mr.Dixit for the plaintiff.
Advocate Mr.Dheeren Shah for defendant no.1 to 3.
Advocate Mr. Bharat Chaudhary for defendant no. 5 to 9.
Advocate Mr.Vyahware with advocate Mr. Tavapule for defendant no.10
& 11.
CORAM : HIS HONOUR JUDGE
SHRI NANDKISHOR L. MORE
(Court Room No.12)
DATED : 20th JUNE, 2018
O R D E R
Plaintiff has taken out present chamber summons for bringing
legal heirs of deceased defendant no.4 Khimji Meghji Chheda who died
on 05/02/2018. The present chamber summons is taken out by the
plaintiff on 15/03/2018 which is well within period of limitation.
Defendant nos.2 and 3 have objection to grant this chamber summons.
It is contended that deceased defendant no.4 had executed registered
Gift Deed and thereby transfer his alleged 1/3rd right in the suit
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:2: Ch. S. No.58218 in Suit No.8699/2018
property in favour of defendant no.2. Therefore, according to defendant
no.2 legal heirs of deceased defendant no.4 are not require to be taken
on record. The legality and propriety of registered Gift Deed and the
rights of legal heirs of deceased defendant no.4 can be determined in
the trial. Therefore, if legal heirs of deceased defendant no.4 come on
record it would not prejudice the rights of plaintiff or other defendants.
2. The legal heirs of deceased defendant no.4 have liberty to take
appropriate proceeding for either they want to contest the suit or not.
Therefore at this stage the rights of defendant no.2 and the rights of
legal heirs of deceased defendant no.4 need not to be looked into.
Hence, the order:
O R D E R
1. Chamber Summons No. 582 of 2018 is made absolute in terms of
prayer clause (a).
2. Plaintiff to carry out amendment in the plaint within 3 days from
the date of order.
3. No order as to costs.
4. Chamber summons no.582 of 2018 is disposed off accordingly.
Date : 20.06.2018 [N.L. MORE]
Judge, City Civil Court,
(C.R. No.12), Gr. Mumbai.
Dictated on : 20.06.2018
Typed on : 21.06.2018
Signed by HHJ on : 21.06.2018
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:3: Ch. S. No.58218 in Suit No.8699/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21.06.2018 at 11.00 p.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI NANDKISHOR L. MORE
(Court Room No.12)
Date of Pronouncement of
JUDGEMENT/ORDER
20/06/2018
JUDGEMENT/ORDER signed by
P.O. on
21/06/2018
JUDGEMENT/ORDER uploaded on 21/06/2018
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