Final Order 1

Order Details: Chamber summons
Pdf Text: 05.11.2020
DB
CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
SU 8800/92 Adv. Vaishali Sharma h/f Adv. Gada for plaintiff and defendant
no. 3 to 5 present and filed original CS no. 595/20 along with
affidavit. She also submitted noterized copy of death certificate of
deceased Sanjay Tulsidas Kanal(alias Sanjay Dharmdev Bhatia,
who was defendant no.3(c), as per suit record) It is submitted
that the said defendant no. 3(c) has died on 03.02.2020, as per
ExA filed with the CS no. 595/20. The Ld. counsel for defendant
no. 1(a) to 1(c) orally submitted that he has no objection to carry
out the amendment in the plaint and to bring on record LR's of
defendant no. 3(c) namely Trupti Sanjay Kanal(wife of deceased)
and Disha Sanjay Kanal(daughter of deceased) as prayed.
However, he submitted that plaintiff may be directed to supply
him copy of amended plaint after amendment is carried out.
After hearing both the sides, I find that the CS no. 595/20 is filed
within time and supported by death certificate of deceased
defendant no. 3(c). Hence, the CS no. 595/20 is allowed.
Plaintiff is directed to carry out amendment within three weeks
from today and file on record amended copy of plaint and also
supply the same to the other side.
Adv. B. A. Rumao for defendant no. 1(a) to 1(c) present and
submitted that possession of the suit premises has been handed
over by my client to the Court receiver. He further submitted that
his client has no alternate accommodation and she is dependant
on her son in that regards. Hence, the Court receiver may be
directed the expedite the proceedings. Accordingly, the Court
receiver is directed to expedite the further proceedings in the
matter.
Email received from MR. Sagar Kanal defendant no. 2(c). TOR.
Shri. Yogesh Sakpal, representative of Court receiver, Bombay
High court present and filed report of Court Receiver regarding
site and delivery of possession on 27.10.2020 along with
possession receipt of J. V. Constructions and developers.
The Court receiver is directed to provide copy of report of Court
receiver and possession report to the concerned parties/their
counsels for information.
Matter stands Adj for compliance and report to 26.11.2020.
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Judge
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