Full Order Text
Final Order 2 · 23 Mar 2023 · CNR MHCC010054762019
Order Details: Chamber summons Pdf Text: 1 CS 10392019 IN SUIT NO.422014 MHCC010054762019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 1039 OF 2019 IN SUIT NO.42 OF 2014 Sunil Shivaji Rane ] Applicant In the matter between Sahil Sunil Rane ] ...Plaintiff. Versus MCGM And Others ]…Defendants. Appearance: Ld. Advocate Redekar for Applicant. Ld. Advocate Mangal Kadam for Defendant No.1 and 2/MHADA. Ld. Advocate Trivedi for Defendant No.3. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 23/03/2023 ORAL ORDER 1) Applicant has taken out present chamber summons for allowing him to delete the name of deceased plaintiff and for bringing his name on record in place of name of original plaintiff in plaint. 2) Perused the Chamber Summons, affidavit in support of chamber summons, reply of defendant No.1 and 2 and record. Heard arguments advanced by Ld. Advocate for applicant and Ld. Advocate for defendant No.1 and 2 and record. -- 1 of 3 -- 2 CS 10392019 IN SUIT NO.422014 3) From the affidavit in support of chamber summons and copy of death certificate annexed therewith it appears that plaintiff Sunil Shivaji Rane expired on 16/6/17 and applicant is his heir and legal representative. From the record it appears earlier applicant and his mother had taken out chamber summons No.1428/17 and due death of his mother applicant not pressed the said chamber summons and took out present chamber summons on 20/4/19. Therefore, from the affidavit in support of chamber summons there appear just cause for condonation of delay in taking out present chamber summons. Moreover, considering the nature of the suit it appears that right to sue survive in favour of applicant. Therefore, applicant appears to be necessary and proper party to present suit. No prejudice is likely to be caused to the defendants if the chamber summons is made absolute. 4) Considering the matter on record and above discussion court hold that present chamber summons deserves to be made absolute. Therefore, court proceeds to pass the following order : ORDER 1) Chamber Summons No. 1039 of 2019 is made absolute. 2) Applicant shall carry out the amendment to the plaint as per schedule within 14 days from the date of this order. 3) Chamber Summons No. 1039 of 2019 is disposed off accordingly. Date :23/3/2023. (Shri. K.P. Kshirsagar) Judge City Civil Court, Gr. Mumbai. Dictated on :23/3/2023. Typed on : 24/3/2023. Draft received on:24/3/2023. Checked on :30/3/2023. Corrected & signed on :30/3/2023. -- 2 of 3 -- 3 CS 10392019 IN SUIT NO.422014 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE AND TIME NAME OF STENOGRAPHER 30/3/2023 Mrs. S.A. Shekade. Name of the Judge (With Court room no.) SHRI K.P. Kshirsagar (Court Room No.08) Date of Pronouncement of JUDGMENT/ORDER 23/3/2023 JUDGMENT/ORDER signed by P.O. on 30/3/2023 JUDGMENT/ORDER uploaded on 30/3/2023 -- 3 of 3 --