Interim Order 2

Order Details: Order below exhibit
Pdf Text: 1 Suit No.1531/18
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
SUIT NO. 1531 OF 2018
Smt.Saveetha Kumar Devendra ...Plaintiff.
V/s.
Smt.Angamma Ramaswamy Devendra ...Defendant.
(deceased)
And
Mr. Raju Ramaswami Devendra ...Proposed
& Ors. Defendants
Appearance
Mr.R.A. Yadav, learned Advocate for the plaintiff.
Ms. Manasi Jain h/f. Usha Tiwari advocate for the obstructionist.
CORAM : HHJ Rajesh A. Sasne
(C.R.NO.62)
Date : 18th April, 2023
ORDER BELOW EXHIBIT 27
Obstructionist by this application has requested to direct
the plaintiff to provide a copy of chamber summons and affidavit in
support thereof to the obstructionist.
2 The plaintiff has opposed this request by reply filed at
Exh.28.
3. Heard learned advocate for the obstructionist and the
learned advocate for the plaintiff.
4. Chamber summons No.1017/2022 is taken out by the
-- 1 of 3 --
2 Suit No.1531/18
plaintiff for condonation of delay and to add proposed defendant
Nos.1(a) to 1(e) as defendants in the suit. Therefore, this chamber
summons is in respect of adding defendant No.1(a) to 1 (e) as
defendants in suit No.1531/2018. Whereas the obstructionist in the
execution are requesting to direct the plaintiff to serve chamber
summons on them. They are intending to oppose this chamber
summons. It is their contention that the obstructionist has taken out
the application for abatement of the suit. It is their contention that they
are directly affecting party by any order if passed in chamber summons.
5. As aforesaid chamber summons is filed in the suit for relief
to condone the delay and to join the proposed defendant Nos. 1(a) to 1
(e) as defendants to the suit. The obstructionists are obstructing the
execution. I do not find any merit in their contentions that they want to
oppose the chamber summons. Considering the scope of right of
obstructionists, I do not find any merit in the application. Hence, I pass
following order;
ORDER
1. Application Exh.27 is rejected.
2. Costs shall follow the event.
Date : 18.04.2023
(Rajesh A. Sasne)
Judge
City Civil Court,
Mumbai
Dictated on : 18/04/2023.
Transcribed on : 24/04/2023.
Checked on : 25/04/2023
Signed on : 25/04/2023.
-- 2 of 3 --
3 Suit No.1531/18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
26.04.2023 10.35 am S. S. Bathe
Name of the Judge HHJ Shri. R. A. Sasne
(C.R.NO. 62)
Date of Pronouncement of
Judgment/Order.
18.04.2023
Judgment/order signed by P.O on 25.04.2023
Judgment/order uploaded on 26.04.2023
-- 3 of 3 --