Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1563/19 in transferred Suit No. 9114/94
in Suit No. 4582 of 1994
1 Date : 05.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1563 OF 2019
IN
TRANSFERRED SUIT NO. 9114 OF 1994
IN
SUIT NO. 4582 OF 1994
(CNR NO.MHCC01004227 2019 )
Smt. Sunanda Ranga Pai & Anr. .. Plaintiffs
Versus
Bhavani Shankar G Shetty since deceased
through his legal representative .. Defendants
Appearances :
Mr. Neel Pungliya, Ld. Adv. for plaintiff present.
Mr. R.M.Bhandari, Ld. Adv. for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 05.08.2019
1. The plaintiff filed instant Notice of Motion for setting aside
order of abatement dated 03.04.2019 and permission to bring
legal heirs on record of the defendant. It is contended by the
plaintiff that she came to know about the death of defendant when
she received the letter dated 21.11.2018 from her Advocate
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NM 1563/19 in transferred Suit No. 9114/94
in Suit No. 4582 of 1994
2 Date : 05.08.2019
informing that the defendant died on 14.10.2018. By the
aforesaid letter she further came to know the names of legal heirs
of the defendant.
2. It is contended by the plaintiff that her mother is 83 years
old and she is living with her sister at Bangalore. She is suffering
from various ailments. The other sister is residing out of India at
Qatar. Therefore, she independently can not take any decision.
She after discussing with other family members direct her to take
appropriate steps. However, due to the aforesaid reasons the
delay of 42 days has been caused to bring legal heirs on record. In
the meantime, Court passed the Order of abatement on
03.04.2019.
3. It is contended by the plaintiff that due to her bonafide
difficulties, she could not bring legal heirs on record in time. If the
legal heirs of defendant are not brought on record it would
certainly affect her right to sue. Hence, the plaintiff prayed to
allow the present Notice of Motion. The legal heirs of the
defendant appeared and did not opposed Notice of Motion
seriously. After considering the reasons assigned by the plaintiff,
in my view, the Notice of Motion needs to allowed. If the plaintiff
is not allowed to bring legal heirs of defendant on record, that
would prejudice the right to sue and she would be deprived of
claiming relief against the defendant. Thus, I proceed to pass the
following order.
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NM 1563/19 in transferred Suit No. 9114/94
in Suit No. 4582 of 1994
3 Date : 05.08.2019
ORDER
1. Notice of Motion No.1563/19 is hereby allowed.
2. The order dated 03.04.2019 is hereby set aside.
3. The plaintiff allowed to carryout necessary amendment
within period of 14 days.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 05.08.2019 Greater Mumbai
Dictated on : 06.08.2019
Typed on : 06.08.2019
Draft Submitted on : 06.08.2019
Checked on : 08.08.2019
Signed on : 08.08.2019
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NM 1563/19 in transferred Suit No. 9114/94
in Suit No. 4582 of 1994
4 Date : 05.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08/08/2019 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
06/08/2019
JUDGMENT/ORDER signed by P.O.
on
08/08/2019
JUDGMENT/ORDER uploaded on 08/08/2019
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