Date: 05-10-2020
Business: Adv. Sachin Bansode h/f. Adv. A.M. Sarogi for Plaintiff present and tendered original Chamber Summons No. 548/2020. T.O.R.
Adv. Khandagale for Defendant No.1 present.
None for Defendant No.2 and 3.
Matter adjd to 02/11/2020 for CS reply /NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Matter adjd to 04/12/2020 for Ch/s Reply by deft no.2 & 3 /
NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv. Ms. Narvekar h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Smita Chavan h/f Adv. Khandagale for deft no.1/MCGM present.
None for deft no.2 and 3.
Matter adjd to 21/12/2020 for filing reply to Ch/s by deft no.2 and 3/ NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Khandagle for deft no.1/MCGM present.
Adv. Ms. Priyanka Parvesi for deft no.2 and 3 present and tendered reply of deft no.2 to Ch/s No.548/2020.TOR. Copy is served to advocate for plaintiff.
Matter adjd to 05/02/2021 for Filing reply to Ch/s No.548/2020 by deft no.3/NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Matter adjd to 24/02/2021 for Ch/s and NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Matter adjd to 03/03/2021 for Ch/s and NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv. Khandagle for deft no.1/MCGM present.
Adv. Mohmmad Manisha for deft no.2 present.
Adv. Priyanka Pardeshi for deft no.3 present.
No reply filed by deft no.3 to Ch/s No.548/2020.
Heard both sides on Ch/s No. 548/2020.
It is submitted by advocate for deft no.2 that delay to file Ch/s is not explained and cost to be imposed. Heard both sides. This is Ch/s filed by the plaintiff. It is stated that plaintiff no.5 is expired on 28.04.2020. It is submitted by advocate for plaintiff that Mr. Ajay Shete and Vijay K. Shete are son and Alka Bujbal is daughter of deceased plaintiff no.5-Sindhu Shete. She supported claim with death certificate. It transpires that on 28.04.2020 plaintiff no. 5 is expired.
The Suit is filed by tenants against landlord, owner and deft/Corporation. There is delay to file Ch/s but considering the pandemic situation, delay needs to be condoned with justifiable reasons. To decide dispute on merits, the legal heirs of the deceased plaintiff no.5 are essential in the shoes of the plaintiff.
Hence Order :-
ORDER
1) Chamber summons No. 548 of 2020 is allowed and made absolute in terms of prayer clause (a) only.
2) Plaintiff is directed to delete the name of deceased plaintiff no.5 and add respondent nos. 1 to 3 as plaintiff no. 5(a), 5(b) & 5(c).
3) Plaintiff is directed to carry out amendment within two weeks from today.
Nature Of Disposal: ALLOWED
Disposal Date: 03-03-2021
