Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1149 OF 2019
IN
S.C. SUIT NO.4367 OF 2010
Parshottam K. Popli & Ors. … Plaintiffs
V/s.
Sudha Gautam Shah & Ors. … Defendants
Appearance:
Ld. Adv. Vinayank Tare for plaintiff.
Ld. Adv. Jayesh Shukla for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 25th SEPTEMBER, 2019
ORDER
Plaintiff has taken out this chamber summons for deleting
name of plaintiff no.1a from the cause title.
2. It is argued on behalf of plaintiff that initially Parshottam
Khiaram Popli has filed this suit. During pendency of suit he died and
his legal heirs i.e. his wife and children were brought on record. Now
plaintiff no.1a the wife of late plaintiff Parshottam and mother of
remaining plaintiff's is no more. As her legal heirs are already on
record, her name may be deleted for array of plaintiff's.
3. The Ld. Counsel for defendant has resisted the application
on the ground that the delay is not properly explained. Mother expired
on 05.08.2018 while this application is taken out in the year 2019.
MHCC0100641720 19
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Ch/s. 1149/2019 .. 2 .. Suit No.4367/2010
Therefore, it may not be allowed.
4. As per death certificate plaintiff no.1a expired on
05.12.2018. This chamber summons is taken out in the month of
March 2019. It goes to show that few days after period of 90 days
plaintiff has taken out this chamber summons. As the legal heirs of
plaintiff no.1a are already on record it is necessary to delete her name
since deceased. Accordingly the order.
ORDER
1. CS No.1149/19 in SU No.4367/10 is hereby allowed.
2. Plaintiffs are permitted to delete the name of plaintiff
No.1a from the array of plaintiff.
3. Plaintiff to carry out the necessary amendment within
stipulated time.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 25/09/2019 City Civil Court, Gr. Mumbai
Dictated on : 25.09.2019
Transcribed on : 26.09.2019
Signed on : 27.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.09.2019 05.30 p.m. Sanjay B. Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of Judgement/Order. 25.09.2019.
Judgement/order signed by P.O on 26.09.2019.
Judgement/order uploaded on 27.09.2019.
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