Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 929/2019 in S. C. Suit no.7344/01
MHCC010068152021
CHAMBER SUMMONS NO.929 OF 2019
IN
S. C. SUIT NO.7344 OF 2001
(HIGH COURT SUIT NO.2219 of 2001)
SANAT MAHESH MEHTA & ANR. ....Plaintiff.
V/s.
BELA APURVA KUMAR ANANDJIWALA & ORS. ...Defendants.
Appearance:
None present for plaintiff.
Advocate Laxman Jain a/w Jeetendra Jain for defendant No.2(a) to
2(d).
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 29th JULY, 2022.
ORAL ORDER
1. The Chamber Summons is taken out by defendant no.2(a)
to 2(b) for their transposition as plaintiffs and for transposition of
present plaintiffs as defendant no.2 (a) and 2(b).
2. It was submitted by the defendant no.2(a) to 2(d) that,
after the death of original plaintiffs, the present plaintiff were added in
the cause title of the suit. The defendant No.1 and defendant no.2 also
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expired and therefore the defendant no2(a) to 2(d) were added
accordingly. The issues were framed and when the matter was fixed for
evidence, the present plaintiffs stopped appearing. Their concerned
advocate had also sought discharge. It appears that, the plaintiffs are
not willing to prosecute the suit. The present suit is for administration
of the estate. Therefore the defendantno2(a) to 2(d) are also entitled to
prosecute the suit as plaintiffs. Hence, the present Chamber Summons
be allowed and consequential amendment be allowed.
3. The other defendants and the plaintiffs failed to file reply.
Admittedly the plaintiffs stopped appearing in the suit from last several
dates. Even their advocate had taken discharged. The plaintiffs were
also issued notice on court motion. But they failed to appear. It seems
that, the plaintiffs are not interested to prosecute the matter further.
The present suit being a suit for administration of estate, all the parties
are having similar rights and therefore it would be appropriate to
allowed defendant no2(a) to 2(d). to be transposed as plaintiffs. So far
as question of transposition of present plaintiffs as defendants is
concerned, It seems that there is no provision for transposing the
plaintiffs as defendants. Hence the defendant no2(a) to 2(d) can only
be transposed as plaintiff. I therefore proceed to pass the following
order
ORDER
1. Chamber Summons No. 929 of 2019 is partly allowed.
2. The defendant no2(a) to 2(d) are transposed as plaintiff no.2(a)
to 2(d).
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3. The defendant no2(a) to 2(d) shall comply the order.
4. No order as to costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.:29072022 City Civil Court, Gr. MUMBAI
Typed on : 29072022
checked on : 29072022
Signed on : 02082022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03082022 at 02.15 pm
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge HHJ SMT. R. K.
KSHIRSAGAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 29072022
Judgment/order signed by P.O. on 02082022
Judgment/order uploaded on 03082022
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