Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Chamber Summons No.807 of 2018
CNR No.MHCC010057702018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.807 OF 2018
IN
S.C. SUIT NO.269 OF 2012
Allabaksh Daulat Khan .. Plaintiff
Versus
1. Mohd. Sharif @ Sangeeta Poojari
(Eunuch)
2. Mahesh Julie Poojari @ Shrikant
@ Pinki (Eunuch)
3. Mohiddin Abdul Razak Shaikh
4. Shakira Mohiddin Shaikh
5. Rasool Abdul Razak Shaikh .. Defendants
Appearance:
Ld. Advocate Kulkarni for plaintiff.
Ld. Advocate Momin Shabbirali for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 24.10.2018
: ORDER :
This Chamber summons is taken out by the plaintiff for
bringing legal heirs of defendant No. 4 on record.
2. Counsel for the plaintiff submitted that they are filed the suit
for directing the defendants to handover vacant possession of the suit
premises and for restraining the defendant form alienating the suit
premises. Defendant no. 4 had died on 18.11.2016 leaving behind 5
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legal heirs. Out of this one legal heir, who is the husband of deceased
defendant no. 4 is already on record as defendant no. 3. Thus, there is
necessity to bring the other legal heirs on record.
3. Defendant appeared and did not dispute the death of
defendant no. 4. But submitted that husband of deceased defendant is
already on record as defendant no. 3 and there is not requirement to
bring other legal heirs on record.
4. Heard both parties. Perused the material on record.
5. Defendant no. 4 had died. Her husband is already arreyed as
defendant no.3 and is on record. It is also not disputed that there are
other 4 legal heirs. Admittedly, right to suit survives. Thus, all the
legal heirs of defendant are required to be brought on record. The
contention of the defendant cannot be accepted in this regard and
accordingly I pass the following order.
: ORDER :
1. Chamber Summons No.807 of 2018 is allowed in terms of
prayer clause (a)(b)(c) and (d) subject to cost of Rs. 3,000/.
2. Cost be paid equally to the defendant on or before next date.
3. After the cost is paid amendment be carried out.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 24.10.2018 Gr. Mumbai
Dictated on : 24.10.2018
Transcribed on : 24.10.2018
Signed on : 24.10.2018
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: 3 : Chamber Summons No.807 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 29.10.2018 at 01.52 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
24.10.2018
JUDGMENT/ORDER signed by P.O. on 24.10.2018
JUDGMENT/ORDER uploaded on 29.10.2018
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