Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/s 1216/19 in EA 786/14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1216 OF 2019
IN
EXECUTION APPLICAITON NO. 786 OF 2014
IN
SUIT NO. 109787 OF 1982
CNR NO. : MHCC010068362019
Shantikumar Hansraj Kapadia & Ors. ...Decree Holder
(Org. Plaintiffs)
Vs.
Smt. Sarlaben Sharadchandra
Sampat & Ors. … Judgment Debtors
(Org. Defendants)
And
Nirmal Shantilkumar Kapadia & Ors. … Respondents
Appearance:
Mr. Mayur Agarwarl i/b. Rahul Jain, advocate for the Decree
Holder.
Ms. Ashwini Patil i/b. Kavita Shah, advocate for Judgment Debtor
No. 3b.
CORAM :SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 04/01/2020
ORAL ORDER
1 The chamber summon is filed by the Decree Holder seeking
following reliefs :
“(a) that the plaintiffs be allowed to amend the
Execution Application to bring respective heirs
and legal representative on record of Plaintiff No.
4 and Defendant Nos. 7(a) and 7(b), 8,9 and 17 in
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2 Ch/s 1216/19 in EA 786/14
terms of Schedule annexed herewith and all
consequential amendments thereto;
(b) that the plaintiffs be allowed to amend the
Execution Application to delete the names of
Defendant Nos. 3(a) and 3(c) and bring newly
appointed trustee in their place and in terms of
Schedule annexed herewith and all consequential
amendments thereto;
(c) that the plaintiffs be allowed to amend the
returnable date of Warrant of Sale dated 16th
April, 2015 in the Execution Application in terms
of Schedule annexed herewith and all
consequential amendments thereto”.
2. The chamber summons is supported by affidavit of
Shantikumar Hansraj Kapadia. He on oath stated that during the
pendancy of the execution, the Decree Holder No 4 expired on
3rd May 2018 and has left behind his son Mr. Nirmal Shantikumar
Kapadia as the only legal heir. The advocate for Decree Holder
received letter dated 31st August, 2016 from advocate for
defendant nos. 13,19 & 20 and informed that on 30th May 2016
defendant no. 7(b) and 17 expired and left behind widow
Mrs. Nalini Narendra Sampat as their only legal heir. The widow
Nalini Sampat expired on 27th November 2016. They had no issue.
Defendant no. 7(c) is the real sister of deceased defendant no. 7(b)
and 17. The defendant no. 8 expired on 14.07.2015, defendant no.
9 on 26.01.2019 and defendant no. 3(a) expired on 29th
December, 2015. In the schedule annexed to the Summons for
Judgment, the names of the legal heirs of the deceased defendants
are mentioned.
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3. The Decree Holder stated that by registered Deed of
Appointment dated 5th March, 2016, defendant no. 3(b) has
appointed new trustees i.e. Mr. Dinesh Khimji Sampat and
Mr. Pradeep Laxmidas Sampat. Therefore, prayed to bring on
record their names to execute the decree.
4. Advocate Ms. Ashwini Patil for Judgment Debtor No.
3(b) stated that they do not have objection to grant prayer 'b' of
the chamber summons.
5. The chamber summons is supported by xerox copies of
Death Certificates and the Trust Deed. The consent decree is under
execution. It is in respect of belonging to the trust, as per
contention of advocate for Decree Holder. Considering the nature
of the decree, the legal heirs of plaintiff and defendant and the
new trustees are necessary parties to execute the decree. Hence,
pass following order:
ORDER
1. Chamber Summons is made absolute as per
prayer clause 'a', 'b' & 'c'.
2. The Decree Holder is directed to carry out
necessary amendment within limitation.
3. Accordingly, chamber summons is disposed of.
(Smt. S.S. Nagur)
Adhoc Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 04/01/2020.
Transcribed on : 04/01/2020.
Sign on : 04/01/2020.
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4 Ch/s 1216/19 in EA 786/14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06/01/2020 11.25 a.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
04/01/2020
Judgment/order signed by P.O on 04/01/2020
Judgment/order uploaded on 06/01/2020
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