Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 879 OF 2019
IN
L.C. SUIT NO.950 OF 2016
(C.N.R.NO.MHCC010045132019)
Keshrinath Bama Patil )...Plaintiff
Versus )
The Municipal Corporation of
Greater Mumbai & Ors )...Defendants
Appearance:
Ld.Adv.Mr. S.P.Srivastava for plaintiff.
Ld.Adv.Mr.Kumawat for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 6/12/2019 (C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for taking
legal heirs of deceased defendant nos.6 and 8. This chamber summons
resisted on behalf of the defendant Corporation by filing its reply. Read
the present chamber summons, affidavit of the plaintiff Keshrinath
Bama Patil, reply of the defendant Corporation. Heard both the learned
counsels on behalf of both the sides at length. Perused the record.
2. On scrutiny of the present chamber summons and reply thereon
and perused documents produced on behalf of the plaintiff in support of
this chamber summons, it is not disputed that the defendant no.6 Smt.
Chandrabhaga Rambhau Patil is expired on 19/01/2019 and the
defendant no. 8 Mrs. Malti Shivram Patil is expired on 16/03/2018. The
present chamber summons came to be filed on 23/04/2019. The death
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certificates of the defendant nos. 6 and 8 are enclosed. Admittedly, this
chamber summons is not filed within period of limitation, while the
defendant no 8 was expired on 16/03/2018.
3. Considering the proposed amendment which is mentioned in this
chamber summons in the schedule, if it is allowed, it will not change
the nature of the suit. It will not cause any surprise to the defendant
but for causing delay, this chamber summons is to be allowed subject to
imposing cost on the plaintiff. Hence, I proceed to pass following order.
ORDER
1. Chamber summons No. 879/19 for making amendment in the
plaint as well as in the notice of motion is hereby allowed as prayed
for, subject to cost of Rs.1,000/.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. The plaintiff shall deposit cost of Rs.1,000/ to the office of DLSA,
Mumbai.
4. Chamber summons No.879/19 is hereby disposed off accordingly.
Date : 06.12.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 06/12/2019
Transcribed on : 06/12/2019
Signed by HHJ : 09/12/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/12/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
06/12/2019
Judgment/order signed by P.O on 09/12/2019
Judgment/order uploaded on 09/12/2019
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