Final Order 1

Order Details: Chamber summons
Pdf Text: CS. 830 of 2019 in Suit no. 6319 of 2007
High Court Suit no. 1568 of 2007
1 Date : 07.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 830 OF 2019
IN
SUIT NO. 6319 OF 2007
(H.C.SUIT NO. 1568 of 2007)
(CNR NO.MHCC01004186 2019 )
Bella Felix Fernandes (since deceased) & Anr. .. Plaintiffs
Versus
Elvira Fernandes & Ors. .. Defendants
And
Verus Joseph Cordeiro ..Applicant
Appearances :
Ms. Eventa Gonsalves a/w Mr. Reyden Gonsalves, Ld. Advocate
for plaintiff present.
Ms. Shruti Bhavsar, Ld. Advocate for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 07.08.2019
1. The applicant has filed instant Chamber Summons for
bringing his name on record as a legal representative of deceased
plaintiff no. 1.
2. It is contended by the applicant that the plaintiff no. 1
passed away on 11.02.2019 by leaving Registered Will, wherein,
the applicant was appointed as Executor. Therefore, in order to
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CS. 830 of 2019 in Suit no. 6319 of 2007
High Court Suit no. 1568 of 2007
2 Date : 07.08.2019
represent the estate of the deceased, the applicant prayed for
bringing his name on the record.
3. The Chamber Summons is opposed by the defendants on the
ground that the will is not probated and to represent interest of
the deceased plaintiff no. 1, plaintiff no. 2 is already on record.
Hence, there is no necessity to bring name of the applicant on
record.
4. Heard both the sides. Perused application and reply. The
present issue is no more resintegra that in the event, deceased
expired leaving behind Will nominating executor, during pendency
of the probate of the Will, executor can be brought on record to
represent the estate of the deceased. (Judgment in case of
Binapanikar Chowdhary v/s. Satyabrata Basu & Ors., (2006)
10 SCC 442). Hence, in my view the Chamber Summons needs to
be allowed. Thus, I proceed to pass the following order.
ORDER
1. Chamber Summons No. 830 of 2019 is hereby allowed.
2. The name of the applicant Mr. Verus Joseph Cardeiro is
hereby be substituted as executor of plaintiff no. 1.
3. The plaintiff to carry out necessary amendment as per
schedule attached in the Chamber Summons No. 830 of
2019 within period of 14 days from the date of order.
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CS. 830 of 2019 in Suit no. 6319 of 2007
High Court Suit no. 1568 of 2007
3 Date : 07.08.2019
4. Chamber Summons No. 830 of 2019 is disposed off
accordingly.
5. No order as to cost.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 07.08.2019 Greater Mumbai
Dictated on : 07.08.2019
Typed on : 07.08.2019
Draft Submitted on : 07.08.2019
Checked on : 08.08.2019
Signed on : 08.08.2019
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CS. 830 of 2019 in Suit no. 6319 of 2007
High Court Suit no. 1568 of 2007
4 Date : 07.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
09/08/2019 at 3.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
07/08/2019
JUDGMENT/ORDER signed by P.O.
on
08/08/2019
JUDGMENT/ORDER uploaded on 09/08/2019
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