Final Order 1

Order Details: Chamber summons
Pdf Text: CNR NO. MHCC010046672019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.909 OF 2019
IN
MISCELLANEOUS APPLICATION NO.61 OF 2018
IN
EXECUTION APPLICATION NO.503 OF 2017
Sabira W/o Mohamed Siddique (since deceased) & Anr.
...Applicants/Original Plaintiffs.
V/s.
1. Nabi Ahmed Mohamed Vasin (since deceased)
through his legal heirs
1(a) Ansari Nazma Nabi Ahmed & 4 Ors.
...Respondents/Orig. Defendants
And
Raziya Noor Mohammed Ansari & 9 Ors.
Applicants/Prop. Applicants
APPEARANCES:
Ld. Adv. Mr. A.N. Mulla for applicants.
Ld. Adv. Mr. Dheeraj S. Kanoujiya for respondents/Orig. Defendants.
CORAM : HIS HONOUR JUDGE
SHRI SANDIPKUMAR C. MORE
(C.R.No.04)
DATED : 07th November, 2019.
: ORAL ORDER :
The applicant No.2 has taken out this Chamber Summons for
carrying out the amendment, as per schedule in Miscellaneous
Application No.61/2018. By way of this Chamber Summons, the
applicant No.2 wants to bring legal heirs of deceased applicant No.1,
who admittedly died on 25.10.2018.
2. On the contrary, the respondent No.1(b) strongly opposed the
Chamber Summons under his reply dated 03.10.2019, on the ground
that this Chamber Summons is not taken out within the prescribed
period of limitation of 90 days.
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Ch/S 909/19 in MA 61/18 IN EA 503/17 ..2.. Order
3. Heard rival submissions. Also perused the documents on record.
4. Admittedly, the death certificate of applicant No.1 indicates that
she died on 25.10.2018. Moreover, as per earlier roznamas, the present
Chamber Summons was taken out on 28.01.2019. As such, a delay of at
least 4 days is apparent. However, considering the said delay of only 4
days, I am of the opinion that the Chamber Summons can be allowed by
imposing appropriate cost. Hence, I pass the following order.
: O R D E R :
1. The Chamber Summons No.909 of 2019 is hereby
allowed in terms of prayer clause (a), subject to cost of
Rs.500/ to be paid by applicant No.2 to respondent
No.1(b), till next date.
2. The delay of four days in bringing legal heirs of deceased
applicant No.1 is hereby condoned and the applicant
No.2 is directed to carry out amendment as per schedule,
within the stipulated period, after deposit of cost.
3. Chamber Summons No.909 of 2019 stands disposed off
accordingly.
(SANDIPKUMAR C. MORE)
1st Additional Principal Judge,
(Court No.4)
Date : 07.11.2019. City Civil Court, Gr. Mumbai
Dictated on : 07.11.2019.
Transcribed on : 07.11.2019.
Signed on : 07.11.2019.
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Ch/S 909/19 in MA 61/18 IN EA 503/17 ..3.. Order
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07.11.2019, at 5.45
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S.C. More
Court Room No.4
Date of Pronouncement of Judgment/order 07.11.2019.
Judgment/order signed by P.O. on 07.11.2019.
Judgment/order uploaded on 07.11.2019.
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