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Court Order

Final Order 1

CNR MHCC01006794201909 Aug 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 09 Aug 2019 · CNR MHCC010067942019

Order Details: Chamber summons
Pdf Text: 1
IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
CHAMBER SUMMONS NO.1209 OF 2019
IN
S.C. SUIT NO.4559 OF 2007
Mrs.Winne Austin Rodriques Winne
Austin D'Souza ..Plaintiff
V/s
Mr.Sidney Pascal Rodriques(since deceased)
1a) Mrs.Lucy Sidney Rodriqueces and ors ..Defendants
AND
Mr.Clavdel Eric Jacinto s/o
Late Mrs.Nancy Jacinto & Anr ..Respondents
Ld. adv. Girish Pawar for the plaintiff
Ld. adv. Mayur for defendant nos.1(a) to 1(c)
Ld.Adv. Ashutosh Khandeparkar for respondent nos.1 and 2
CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI
DATE: 09/08/2019
ORAL ORDER
1. The plaintiff has tendered this chamber summons
interalia for bringing the legal heirs and
representatives of defendant no.4.
2. Heard. Ld. Counsel for the plaintiff submitted that
defendant no.4 expired on 01/03/2019 leaving
behind respondents her only legal heirs. He would
submit that the said fact was informed by the
advocate Mr.Ashutosh Khandekarpar to the plaintiff
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by letter dated 10/05/2019 which was received by
the plaintiff on 25/05/2019. The said letter and the
death certificate is annexed with the affidavit in
support of notice of motion. The plaintiff thereby
tendered this application on 24/06/2019.
3. The present chamber summons appears to be filed
within the specified period of 90 days. Even
otherwise, the chamber summons is not objected by
proposed defendants and other defendants. Hence,
this chamber summons needs consideration.
Accordingly, it is expedient to pass following order:
ORDER
1. Chamber Summons No.1209/2019 is allowed in
terms of prayer clause (a) and (b).
2. Plaintiff to carry out the amendment within 14
days from today.
3. Chamber summons is disposed of accordingly.
09/08/2019 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 09/08/2019
Transcribed on : 19/08/2019
Signed on : 21/08/2019
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
21/08/19 at 4.00 pm.
MRS.T.C.KAMBLE
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Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
09/08/2019
Judgment and order signed by P.O. 21/08/2019
Judgment/order uploaded on 21/08/2019
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