Final Order 1

Order Details: Other
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1253 OF 2019
IN
SUIT NO.1780 OF 2018
Mr. Meghji DesuVisharia
Age : 82 Years, Service : ,
R/at.: D22, Ambika Siddhi C.H.S.,
Plot No.58, Golibar Road,
Jagdusha Nagar, Ghatkopar (West),
Mumbai – 400 086. ...Plaintiffs
V/s.
M/s. Omkar Builders & 1 Ors. ...Defendants
And
Smt. Pushpa Meghji Visharia & 4 Ors. ...Applicants
Appearances :
Ld. Adv. D'silva for plaintiff.
Ld. Adv. Avinash Sangurdekar for Defendant No.2.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 5th September, 2019
ORDER
The legal heirs of deceased plaintiff have taken out this CS
for bringing them on record in place of deceased plaintiff.
2. It is argued on their behalf that plaintiff Meghji died on
17.02.2019. Applicants are his legal heirs. There is some delay in taking
out this application as they want to change the advocate on record. The
delay is not intentional one. They are having right and interest in the
subject matter. So they may be allowed to bring them on record as LR's
MHCC010070042019
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CS 1253/2019 .. 2 .. Suit No.1780/2018
of deceased plaintiff by condoning the delay.
3. D1 (Inperson) as well as Ld. Counsel for D2 have resisted
this application. It is their submission that applicants were well aware
about the demise of plaintiff. Even then they have not promptly
approached the Court for bringing LR's on record.
4. As per applicants plaintiff died on 17.02.2019 and they are
his legal heirs. The annexed death certificate corroborates their
contention about demise of plaintiff on 17.02.2019. In absence of
contrary submission I have no hesitation to accept the reason for delay
as change of advocate. It can not be considered as intentional delay.
Being legal heirs they have every rights to step into the shoes of
deceased plaintiff. As such application needs to be allowed. Accordingly,
the order.
ORDER
1. CS No.1253/19 in SU No.1780/19 is hereby allowed.
2. Applicants are allowed to implead them as plaintiffs being the
legal heirs of deceased plaintiff.
3. Plaintiff to carry out amendment in title clause.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 05/09/2019 City Civil Court, Gr. Mumbai
Dictated on : 05.09.2019
Transcribed on : 05.09.2019
Signed on : 05.09.2019
lhd/
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