Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 665/2020 in Suit 2674/2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 665 OF 2020
IN
S.C.SUIT NO. 2674 OF 2017
CNR NO. : MHCC010055662020
Dr. Sauleha Abdul Aziz Ansari …. Plaintiff
Versus
Mrs. Najmunnisa Khan
Mohammed Shafi and Ors. ….Defendants
Appearance:
Mr. A. K. Singh, Advocate for the plaintiff.
Mr. M. S. Singh, Advocate for the Defendant Nos. 1 to 7.
CORAM : SMT. S.S. NAGUR,
JUDGE, (C.R.NO.04)
DATE : 08.11.2021
ORAL ORDER
(Dictated in open Court)
The Chamber Summons is filed by the plaintiff to delete
the name of defendant no. 1 expired on 27.03.2019 by condoning
delay. The Chamber Summons is supported by Affidavit of Dr. Sauleha
Abdul Aziz Ansari. The xerox copy of death certificate of defendant
no. 1 is annexed to the Affidavit, which shows that the defendant no. 1
expired on 27.03.2019. The defendant on oath stated that the Legal
Heirs of deceased defendant are already on record. Hence, prayed to
allow the Chamber Summons and amend the plaint as per ScheduleI
annexed to the Affidavitinsupport of the Chamber Summons.
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2 Order in Ch/s 665/2020 in Suit 2674/2017
2. Advocate for defendant no. 1 to 7 has stated that he has no
objection to allow the Chamber Summons. The plaintiff desires to delete
the name of the defendant no. 1 and carry out necessary amendment in
that respect. The Legal Heirs of defendant no. 1 are already on record.
The suit is filed by the plaintiff for his undivided share of 4.86% in the
suit property. The question of abatement will not arise, as the Legal
Heirs of deceased defendant no. 1 are already on record. Hence, pass
following order :
ORDER
1. The Chamber Summons is allowed by condoning delay.
2. The Prayer Clause (b) of the Chamber Summons is
made absolute.
3. The plaintiff to carry out necessary amendment within
limitation.
4. Accordingly, the Chamber Summons is disposed of.
(SMT.S.S.Nagur)
Date :08/11/2021 Judge
City Civil Court,
Greater Mumbai.
Dictated on : 08.11.2021
Typed on : 08.11.2021
Pronounced on : 08.11.2021
Checked & Signed on : 09.11.2021
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3 Order in Ch/s 665/2020 in Suit 2674/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/11/2021 3.15 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.4)
Date of Pronouncement of
Judgment/Order.
08/11/2021
Judgment/order signed by P.O on 09/11/2021
Judgment/order uploaded on 09/11/2021
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