Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. Sum. No.916/2019 in Execution Appln. No.78/2019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 916 OF 2019
CNR NO.: MHCC010047132019
IN
EXECUTION APPLICATION NO.78 OF 2019
Nooruddin A. Baxa ...Decree Holder
V/s
Lovely Homes cooperative Housing
Society Limited and Ors. ...Judgment Debtor
Appearances:
Advocate Mr. Khan for the plaintiff.
Advocate Ms. J.P. Thakkar for the Judgment Debtor No.3.
CORAM : HER HONOUR ADHOC JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 05th OCTOBER, 2019.
ORAL ORDER
1. Applicant has stated that his father who is decree holder in this
Execution Petition expired on 03.02.2019 and he is the only son.
Applicant has further stated that he is only legal heir and representative
of deceased decree holder and prayed to add him as decree holder 1(a)
by deleting the original decree holder.
2. Judgment debtor has filed reply and stated that the award dated
15.07.2014 passed by Hon'ble Cooperative Court is under challenged
before Hon'ble High Court in Writ Petition No.5990 of 2018. Judgment
debtor has further stated that applicant has failed to annex copy of
Death Certificate and also failed to mention about widow of Decree
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:2: Ch. Sum. No.916/2019 in Execution Appln. No.78/2019
Holder whether she is alive or died and whether there are brothers and
sisters of the applicant and prayed to dismiss Chamber Summons.
3. It appears applicant has produced photocopy of Death Certificate
on record of Decree Holder. Applicant has stated that he the only legal
heir of deceased decree holder. Judgment Debtor has failed to show
that there are any more legal heirs of deceased Decree Holder. As per
Death Certificate, Decree Holder died on 03.02.2019 and the Chamber
Summons is filed within limitation. Hence, it appears applicant is the
only legal heir of deceased Decree holder, hence, it will be correct to
allow this Chamber Summons. Hence, following order:
ORDER
1. Chamber Summons No.916 of 2019 is allowed.
2. Applicant to carry out amendment with 14 days from the date of
this Order.
3. Chamber Summons No.916 of 2019 stands disposed of.
(SONALI P. AGARWAL)
Adhoc Judge,
Date: 05.10.2019. City Civil Court,
Gr. Bombay.
Dictated on : 05.10.2019
Transcribed on : 05.10.2019
Signed on : 05.10.2019
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:3: Ch. Sum. No.916/2019 in Execution Appln. No.78/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07.10.2019 At 5:05 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
05.10.2019
Judgment/Order signed by P.O. on 05.10.2019
Judgment/Order uploaded on 07.10.2019
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