Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010052062019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 997 OF 2019
IN
LONG CAUSE SUIT NO. 2665 OF 2015
Mr. Madhukar Sakharam Chavan ... Plaintiff
V/s.
1. The Municipal Corporation of
Gr. Mumbai and Anr. … Defendants
AND
1. Mr. Madhukar Sakharam Chavan
(Since Deceased through Legal Heirs
And Representative)
a. Smt. Manisha Madhukar Chavan
b.Mrs. Leela Vinod Jadhav
c.Mrs. Arpita Amit Hedulkar
d. Mr. Mahendra Madhukar Chavan ...Respondents
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 20/12/2021
Adv.Mr.Suresh Jadhav for the plaintiff.
Adv.Ms.Deepali Patil for the defendants/MMC.
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2 Ch/s. 997/2019
ORAL ORDER
1. This Chamber Summons is taken out by the respondents for
condonation of delay to bring legal heirs of deceased plaintiff on record
and for amendment in the plaint.
2. Defendant corporation has filed reply and contested the
chamber summons.
3. Perused the Chamber Summons and reply of the defendant
corporation. Heard advocates for the parties at the length.
4. It is contended by the respondents that they are wife,
daughters and son of late Mr. Madhukar Sakharam Chavan original
plaintiff of the present suit, who has expired on 15.11.2018. It is
contended by the respondents that they have good case on merit and
the delay in question caused in bringing legal heirs on record is not
deliberated and intentional. Hence, they being legal heirs of deceased
plaintiff be taken on record as plaintiffs by condoning delay and with
permission to cause amendment in the plaint.
5. If the nature of the amendment is seen, it is pertaining to
bringing legal heirs of deceased plaintiff on record. The respondents
being wife, daughters and son of the deceased plaintiff are entitled to
be impleaded as the plaintiffs in the suit in place of deceased plaintiff.
Therefore, they being legal heirs of deceased plaintiff be taken on
record as plaintiffs by condoning delay and with permission to cause
amendment in the plaint. The proposed amendment will not change the
nature of the suit in any way and on the contrary it will help to decide
the matter on merits. Hence, the proposed amendment deserves to be
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3 Ch/s. 997/2019
allowed for causing amendment in the plaint. Hence, I pass following
order.
ORDER
1. The Chamber Summons No.997/2019 is allowed.
2. The delay caused for bringing legal heirs of deceased
plaintiff is condoned in the interest of justice.
3. The proposed amendment shall be carried out in the
plaint within 14 days from today.
3. The Chamber Summons No.997/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 20/12/2021 City Civil Court, Gr.Mumbai.
Dictated on : 20/12/2021
Typed on : 20/12/2021
Signed on :
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4 Ch/s. 997/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/12/2021 05.30 p.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
20/12/2021
JUDGMENT/ORDER signed by
P.O.on
20/12/2021
JUDGMENT/ORDER uploaded on 20/12/2021
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