Interim Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS NO. OF
IN
LONG CAUSE SUIT NO.2060 OF 2019
Sulbha Balkrishna Shetty .... Plaintiff
V/s.
The Municipal Corporation
of Greater Mumbai. …. Defendant
And
1.Sheetal Balkrishna Shetty and Anr. ...Applicants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 09th December , 2024
Adv. Atif h/f. Adv. V.R. Tripathi for plaintiff.
Adv. Amar Patil for the defendants/BMC.
ORAL ORDER
This draft chamber summons is taken out by
proposed plaintiff/applicants to bring LRs of deceased
plaintiff Sulbha Balkrishna Shetty on record.
2. Read draft Chamber summons, reply filed by the
defendants. Heard both the sides.
3. This is a suit for declaration and injunction. As per
photocopy of death certificate, Sulbha Balkrishna Shetty
-- 1 of 3 --
2
reported to be died on 11.06.2024. On perusal of photocopy
of death certificate, it appears that plaintiff Sulbha
Balkrishna Shetty reported to be died on 11.06.2024. The
present suit is for declaration and injunction. Right to sue
survived. Sufficient grounds are made out by plaintiff.
Considering the nature of the suit and relief sought, right to
sue is survived. Hence, in view of Order XXII Rule 1 and 2 of
the Code of Civil Procedure, I proceed to pass following
order.
ORDER
1. Draft Chamber summons is made absolute in terms of
prayer clause (a) and (b).
2. Plaintiffs is permitted to carry out proposed amendment
within 14 days from the date of this order and file
amended plaint within statutory period.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Draft Chamber Summons is disposed off.
6. Draft chamber summons be registered for statistical
purpose.
Date- 09/12/2024 (R. B. Parvekar)
Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 0 9 / 1 2 / 2 0 2 4
Ty p e d o n : 0 9 / 1 2 / 2 0 2 4
s i g n e d o n :
-- 2 of 3 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/12/2024 03.30 p.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
09/12/2024
JUDGMENT/ORDER signed by
P.O.on
10/12/2024
JUDGMENT/ORDER uploaded on 10/12/2024
-- 3 of 3 --