Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. Sum. No.969/2019 in L.C. Suit No.3930/2013
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 969 OF 2019
(CNR NO. MHCC010051042019 )
IN
L.C. SUIT NO. 3930 OF 2013
1a. Shri Mahendra Anandji Veera )...Applicant
(Proposed plaintiff 1a)
IN THE MATTER BETEWEEN:
Anandji Padamshi Shah @ Vira )...Plaintiff
Versus
The Mumbai Municipal Corporation )...Defendant
And
Shri Mahendra Anandji Veera and ors. )...Respondents
(Proposed plaintiff Nos. 1a to 1e)
Appearance:
Advocate Mr.P.M. Shah for plaintiff.
Advocate Mr. Kumawat for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 17th JULY, 2019.
(C.R. No.06)
O R A L O R D E R
1. This Chamber summons is taken out on behalf of the plaintiff for
taking legal heirs of deceased plaintiff viz. Anandji Padamshi Shah. This
chamber summons is resisted on behalf of the defendant Municipal
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:2: Ch. Sum. No.969/2019 in L.C. Suit No.3930/2013
Corporation by filing reply on chamber summons. Heard both the Ld.
counsels on behalf of both the sides at length. Read the present
chamber summons and reply of the defendant thereon. Perused the
record.
2. On scrutiny of the present Chamber Summons it appears that, the
plaintiff viz. Anandji Padamshi Shah is died on 26.10.2018. The
respondent Nos. 1 to 5 are the legal heirs of deceased plaintiff viz.
Anandji Padamshi Shah. The present Chamber Summons came to be
filed on 25.02.2019. If this Chamber Summons is to be allowed, then it
will not cause any injustice on the part of defendant. Moreover, it will
be proper to decide the matter on merits. Therefore, I am inclined to
allow this application. Hence, the following order:
ORDER
1. Chamber Summons No. 969 of 2019 is hereby allowed as prayed
for.
2. Advocate for plaintiff is hereby directed to carry out
amendment within stipulated period.
3. Chamber Summons No.969 of 2019 is hereby disposed off.
Date : 17.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 17.07.2019
Transcribed on: 17.07.2019
Signed by HHJ: 20.07.2019
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:3: Ch. Sum. No.969/2019 in L.C. Suit No.3930/2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20.07.2019 4.56p.m. Mr. Subhash Sukhdeo Poul
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
17.07.2019
Judgment/order signed by P.O on 20.07.2019
Judgment/order uploaded on 20.07.2019
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