Final Order 1

Order Details: Chamber summons
Pdf Text: C/S 611/18 in Su 8917/95 1/2 Date : 27.6.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC010130682012
CHAMBER SUMMONS NO.611/2018
IN
SUIT NO.8917/1995
Zubedabai Saifuddin Suratwalla ]... Plaintiff
V/s.
Mariyambi K. Daruwala & Ors. ]… Defendants
And
Yusuf S. Suratwala ]… Applicant
Adv. Dorajiwala for plaintiffs.
Adv. Mungle for defendants no.1 & 2.
Adv. Vimlesh Singh for defendant no.5(a).
Adv. Karandikar for applicant.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 27.6.2018
ORDER
(Dictated in open court)
1. By this chamber summons, the applicant is seeking to implead
himself as legal representative of deceased defendant no.4 Jenabbai K.
Daruwala. Defendant no.5(a) has filed reply.
2. Heard Ld. Counsel for the parties. Perused the record.
3. It is the case of the applicant that he is son of plaintiff no.1.
Defendant no.4 expired on 9.5.2016. As per her last Will and
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C/S 611/18 in Su 8917/95 2/2 Date : 27.6.2018
testament dated 6.6.1997, she has bequeathed her entire share in
ancestral properties and her other movable and immovable properties to
the applicant. A copy of Will is also filed with the affidavit.
4. The Ld. Counsel for plaintiffs has opposed the prayer of applicant
on the ground that he is Power of Attorney holder of the plaintiff no.1
and he has to seek probate of the Will from the Hon'ble High Court. It is
further submitted that he cannot be brought on record as a legal heir of
deceased defendant no.4 as the Will is of the year 1997 and he is
seeking impleadment in the year 2018.
5. It primafacie appears from the averments made in the affidavit of
the applicant and the copy of the Will filed by him that he is a legal
representative of the estate of deceased defendant no.4. Hence, he is
entitled to come on record in place of deceased defendant no.4. As
regards the point of limitation and other contentions of the plaintiffs and
defendants, the said points are kept open. Hence, following order.
ORDER
1. The chamber summons no.611/2018 is made absolute in
terms of prayer clause (a).
2. Necessary amendment be carried out in two weeks.
3. Plaintiffs are directed to provide the fresh typed amended
copy of the plaint to Court till next date with copy to other
side.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 27.6.2018 Gr. Bombay.
Dictated on : 27.6.2018
Typed on : 28.6.2018
Signed on : 29.6.2018
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C/S 611/18 in Su 8917/95 3/2 Date : 27.6.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
29.06.2018 at 01.15 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
27.06.2018
JUDGMENT/ORDER signed by
P.O. on
29.06.2018
JUDGMENT/ORDER uploaded
on
29.06.2018
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