Final Order 1

Order Details: Chamber summons
Pdf Text: 12.09.2025
Sr. No.10
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
Suit 6437/03
Ch/s 1197/19
Ch/s 2654/13
None for plaintiff present.
Adv. Nikita Bhosale a/w Adv. George Philip for defendant present.
later on at 01.00 p.m
Adv. R. M. Deshpande for plaintiff present.
ORDER BELOW CH/S NO.1197/2019
The Ch/s is filed by the defendant to delete name of defendant
No.3 who died on 24.12.2013. By filing reply overleaf the same is
objected on the ground that inspite of letter dt.03.02.2014 the
defendants failed to provide names and address of legal heirs.
Hence, rejection of Ch/s is prayed. Heard Adv. Bhosale for
defendants and Adv. Deshpande for plaintiff. Adv. Deshpande is not
denying the defendant No.3 died on 24.12.2013. The only question
is whether defendants by moving the Ch/s can seek deletion of
name of defendant No.3 which infact is to be done by the plaintiff
when the factum of death was brought on record. On this technical
point itself, the Ch/s is not maintainable. Hence, following order -
ORDER
1. The Ch/s No.1197/2019 filed defendants is dismissed.
2. The Ch/s No.1197/2019 is disposed of.
ORDER BELOW EXH.01
The defendants by Ch/s 1197/2019 had already brought to the
notice of the plaintiff about the death of defendant No.3. The Ch/s
was dismissed on technical ground, however, the plaintiff failed to
file the Ch/s to delete the name of defendant No.3 within the
limitation period. Hence, the suit against defendant No.3 is
dismissed as abated.
Matter is adjourned to 09.10.2025 for Ch/s hearing.
Judge
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