Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100548/2020
Mahendra A. Gala Vs MCGM
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 the name of deceased plaintiff no.5 and add
respondent nos. 1 to 3 as plaintiff no. 5(a), 5(b)
&ampamp 5(c). 3) Plaintiff is directed to carry
out amendment within two weeks from today.
Nature of Disposal : ALLOWED
Disposal Date : 03-03-2021
COURT 8 ADDL SESSIONS JUDGE
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