Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100998/2019
Suryakant R. Parab Vs Laxman R. Parab And Ors
Date : 20-10-2021
Business : Dt.20/10/2021 Suit 1804/13 CS 998/19 IN THE COURT
OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL
COURT C.R. NO. 04 Adv. Shreyas Bhatkar I/b Adv.
Namdev Gore for plaintiff present. Adv. Prabhakar Poojary
For defendant No. 4 present and stated that he has no
objection to allow the chamber summons. ORDER below
chamber summons No. 998/19 The chamber summons is
filed to bring on record the legal heirs of deceased deft No.
1 expired on 05.09.2017. The chamber summons is
supported by affidavit of Plaintiff Suryakant Parab. The
death certificate of defendant No. 1 is filed on record. The
suit is for partition and possession. The legal heirs of
defendant No. 1 are to be brought on record considering the
nature of suit. However there is delay of 513 days. In
affidavit plaintiff stated that the delay is not intentional nor
deliberate. The plaintiff is a senior citizen and was due to
health issues could not convey the fact of death of
defendant No. 1 to her advocate. Considering the facts on
record and the above statement of plaintiff who is senior
citizen the delay is to be condoned on payment of cost to be
deposited with District legal Services Authority. Hence pass
following order ORDER 1) The Chamber summons is
allowed. 2) The delay of 513 days is condoned by setting
aside abatement on deposit of cost of Rs. 5,000/- (Rs. Five
Thousand only) with District Legal Services Authority. 3)
On payment of the above cost within one month the legal
heirs of defendant be taken on record and plaintiff to
carryout necessary amendment within limitation. 4)
Accordingly chamber summons is disposed of.
Nature of Disposal : ALLOWED
Disposal Date : 20-10-2021
COURT 04 ADDL SESSIONS JUDGE
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