Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1462/2020 in S.C.Suit no.60-2017
1 Date :15.10.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1462 OF 2020
IN
S.C. SUIT NO. 60 OF 2017
(CNR MHCC01-004431-2020)
Mr. P.V. Mahesh Kumar .. Plaintiff
Versus
Mr. P.V. Raghavan .. Defendant
Appearances :-
Adv. Mr. Ashok Sarogi for plaintiff.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge
CR No. : 07
Date : 15.10.2020
ORDER
1. The plaintiff has filed instant Notice of Motion seeking
following reliefs :
a) That pending the hearig and final disposal of the suit
and other Notice of Motions, in case if anything
happens to my father, i.e. the defendant, the plaintiff
be permitted to carry out necessary last vedic rites and
at the same time, the relevant part of the body
(required for the purpose of DNA test) be retained by
the doctors to be done so at the cost of present plaintiff
so as to utilize the same for testing the DNA on such
terms as this Hon’ble Court may deem fit and proper in
the matter.
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b) That interim and ad-interim reliefs in terms of prayer
(a) above.
c) That cost of this Notice of Motion be provided for.
d) That for such other and further reliefs as this Hon’ble
Court may deem fit and proper.
2. It is the case of the plaintiff that the defendant while
seeking adjournment in the matter, has filed medical report
which shows that the defendant is suffering from Covid-19.
The defendant is 72 years old and if, anything happens to his
life, the plaintiff would be deprived of his legitimate claim.
Hence, the plaintiff seeking permission to carry out
necessary last vedic rites alongwith retaining of relevant
body parts of the defendant for DNA testing. Hence, he
prayed for allowing the Notice of Motion.
3. The plaintiff has also tendered Affidavit of Service
which shows that intimation of Notice of Motion was given
to the defendant. Inspite of that, none appeared from
defendant side. Hence, matter heard without reply of the
defendant.
4. The plaintiff has filed suit for declaring him to be
biological son of the defendant. However, till date, there is
no declaration and issue about the relationship of the
plaintiff and defendant is pending. Hence, in such
circumstances, the plaintiff can not claim defendant as his
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3 Date :15.10.2020
father. Hence, prayer of allowing him to carry out last vedic
rites, in the event of death of the defendant can not be
granted.
5. On earlier occasion, the Ld. advocate for the defendant
filed medical report which shows that the defendant in last
month was detected as covid-19 positive. There is no
evidence on record to show that, the condition of the
defendant is very critical, so as to predict that he would not
survive. In my view, in the absence of such evidence, there is
no substance in the Notice of Motion. Hence, Notice of
Motion needs to be dismissed. Thus, I proceed to pass the
following order.
ORDER
1. Notice of Motion No. 1462 of 2020 is hereby dismissed.
2. Plaintiff to bear its own cost.
3. Notice of Motion No. 1462 of 2020 is disposed of
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 15.10.2020 Greater Bombay.
Dictated on : 15.10.2020
Typed on : 17.10.2020
Draft Submitted on : 17.10.2020
Checked on : 17.10.2020
Signed on : 17.10.2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20/10/2020 at 12.15 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
15/10/2020
JUDGMENT/ORDER signed by P.O.
on
17/10/2020
JUDGMENT/ORDER uploaded on 20/10/2020
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