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CHAMBER SUMMONS

SMT GAYATRI BHASKAR GUPTA AND 4 OTHERSVsDIVAKAR PHOOLCHND GUPTA AND 10 OTHERS - Applicant

CNR MHCC01006508202162-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 02nd March 2022

TrustJury record updated 03 Oct 2026

Case Overview

Registration Number
101047/2021
Registration Date
06 Sept 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-10-2021
    Business: Holiday declare, hence matter is adjd.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: None present for plff.
    Adv Mr. J.D.Singh present for deft Nos.1 and 6 filed reply in Ch/s No.1047/2021.
    Matter is adjd. for Ch/s hearing to 24.11.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv Mr. M.R. Yadav h/f Adv Mr. Jaywant present for plff.
    Adv Mr. J.D. Singh present for deft.1 and 6 and brought to the notice that plff has wrongly shown Bombay Suburban District Government servants Co-H society  as deft No.6 in the title clause of Ch/s No.1047/2021. Adv for plff conceded that mistake has occurred in mentioning name deft No.6. He seeks liberty to correct the name of deft No.6. Since the mistake appears to be accidental, permission to correct the name of deft No.6 in the title clause of Ch/s is granted.
    Adv for the plff has accordingly made a necessary correction.
    Heard arguments in Ch/s No.1047/2021.
    K.B. for order
    L.O. at 5.25 p.m.
    Statement made in the affidavit filed in support of the Ch/s that plaintiff No.1a Gayatri expired on 20.10.2020 and defendant No.5 Sarla expired on 12.02.2020 are supported by the copies of death certificates. Defendant No.1 has filed reply to the Ch/s but it does not appear that there is resistance to the statement made in the affidavit in support of Ch/s that plaintiff Nos.1b to 1d are the only HLRs of deceased plaintiff No.1a. Likewise, it does not appear to be in dispute that respondent Nos.1 to 4 are the only HLRs of deceased defendant No.5. Considering it and as it appears that cause of action is surviving, Ch/s No.1047/2021 is allowed as prayed.
    Plaintiffs to carry out the amendment in terms of prayer clause “b” “c” and “d” of the Ch/s within two weeks.
    Matter is adjd. for compliance to 16.04.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106986/2021
    Filing Date: 06-09-2021
    First Hearing Date: 16th October 2021
    Decision Date: 02nd March 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Mar 2022

    Order Details: Chamber summons Pdf Text: 02/03/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 43 SU 9759/87 Adv Mr. M.R. Yadav h/f Adv Mr. Jaywant present for plff. Adv Mr. J.D. Singh present for deft.1 and 6 and brought to the notice that plff has wrongly shown Bombay Suburban District Government servants Co-H society as deft No.6 in the title clause of Ch/s No.1047/2021. Adv for plff conceded that mistake has occurred in mentioning name deft No.6. He seeks liberty…

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