Final Order 1

Order Details: Other
Pdf Text: 28/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
63 CA.624
SU 553/19
Exh.3
Adv Mr. Pashtre for plff present and tendered registered Ch/s
No.586/2020 along with affidavit in support.
He also tendered registered Ch/s No.624/2020 along with
affidavit in support.
Adv Mr. Chire appeared and filed vakalatnama on behalf of
proposed legal heirs of deft No.4. He endorsed no objection on
ch/s No.586/2020. Since the proposed legal heirs of deft No.4
have no objection, Ch/s No.586/2020 is allowed.
Adv. for defts objected Ch/s No.624/2020 orally by submitting
that defts do not want to reply to said ch/s but if the Ch/s is
allowed, cost may be imposed. Heard. Ld. Advocate for the
plff drew attention of the Court towards the observations made
in order dt.07.02.2020 passed by this Court in NM
No.1755/2019. Said observation shows that the court has
expressed that plff should join the children as parties to the
suit. Adv. appearing for the plff submitted that the respondents
are the children of the plf. In view of the nature of relief
claimed in the suit and the observation of the Court mentioned
above, being satisfied that respondents are necessary and
proper parties to the suit, Ch/s No.624/2020 is allowed in
terms of its prayer clauses “a” and “b”. The oral request of
adv. for defts to impose costs cannot be accepted in view of
the liberty given by the court while deciding a NM.
N.M.No.624/2020 is thus disposed off as above.
Plff shall carry out amendment in the plaint as per the
schedule annexed to Ch/s No.586/2020 and Ch/s No.624/2020
within two weeks from today.
Matter is adjd. for compliance to 10.01.2022.
Judge
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