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CHAMBER SUMMONS

Mildred Murzello And OrsVsJoseph Murzello And Ors

CNR MHCC0100486720182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th October 2018

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100722/2018
Registration Date
16 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-06-2018
    Business: Adv.Ms.Vaishali Ugale for Plff.preesnt.
    Adv.Ms.Sonawane for Deft.present.
    Adv.for Plff.tendered original registered Ch/s No.722/2018 t.o.r.
    Adv.for Defendant filed reply to Ch/s t.o.r.
    On oral request of adv.for Defendant adjd.for hearing of Ch/s on 19.07.2018.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: H.H.J.is nominated as trainer for training on mediation hence today\''s Board is discharged.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: HHJ is Nominated as trainer for tranining on mediation hence today Board is discharged.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Adv.Vaishali Ugale for Plff.present.
    None for defendant.
    Last chance is granted for hearing on ch/summ.
    Adjd.to 15/09/2018 for ch/summ.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 15-09-2018
    
    Date: 15-09-2018
    Business: As court is on  half day leave hence board discharged .
    Adjd.to 28.09.2018 for hrg ch.summ.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: HHJ is Nominated as trainer for training on Mediation hence today Board is discharged.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Adv.Ms.Vaishali Ugale for Plff.present.
    Adv.Ms.Ugale tendered original registered Ch/s No.1636/18 t.o.r.
    None for defendant.
    Heard adv.for Plaintiff in Ch/s no.722/2018.
    Order below Ch/s No.722/2018.
    Perused Ch/s which is supported by an affidavit.  Heard. None appeared for the defendant.  The Learned advocate for plaintiff submitted that the Chamber summons is duly served.   The copy of death certificate shows that Joseph Murzello has expired on 03.04.2007 and Mrs.Pamela Murzello has expired on 30.12.2009. the contents of affidavit in support specifically para no.2 and 3 shows that justified reasons are mentioned for not taking out Ch/s within a period of limitation.  The right to sue survives.   Hence I pass the following order.
    ORDER
    1 Chamber summons No.722/2018 is allowed and made absolute in terms of prayer clause (a) and (b).
    2 The plaintiff to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendants within two weeks thereafter.
    3 Chamber summons is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 105355/2018
    Filing Date: 16-04-2018
    First Hearing Date: 08th June 2018
    Decision Date: 29th October 2018
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    29 Oct 2018

    Order Details: Other Pdf Text: 29.10.2018 SU9427/89 CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02) Adv.Ms.Vaishali Ugale for Plff.present. Adv.Ms.Ugale tendered original registered Ch/s No.1636/18 t.o.r. None for defendant. Heard adv.for plaintiff in Ch/s no.1636/2018. Order below Ch s NO.1636/2018 Perused Ch/s which is supported by an affidavit. Heard. None appeared for the defendant. The Learned advocate for plaintiff submitted that the Chamber summons is duly served. The copy of death certificate shows that plaintiff no.1(h) Marie Eleanor Saunders…

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    Order 1Full order available
    29 Oct 2018

    Order Details: Other Pdf Text: 29.10.2018 SU9427/89 CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02) Adv.Ms.Vaishali Ugale for Plff.present. Adv.Ms.Ugale tendered original registered Ch/s No.1636/18 t.o.r. None for defendant. Heard adv.for plaintiff in Ch/s no.1636/2018. Order below Ch s NO.1636/2018 Perused Ch/s which is supported by an affidavit. Heard. None appeared for the defendant. The Learned advocate for plaintiff submitted that the Chamber summons is duly served. The copy of death certificate shows that plaintiff no.1(h) Marie Eleanor Saunders…

    Read Full Order

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