Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1273 OF 2019
IN
L.C. SUIT NO. 2891 OF 2011
Harkesh Motilal Pal )...Plaintiff
Versus
The Municipal Corporation of Greater )
Mumbai & Ors. )...Defendants
Appearance:
Advocate Mr. V.S.Bhadkamkar for Plaintiff.
Advocate Mr. Sutar for Defendant/MMC.
Adv. Anil Mishra a/w. Adv. U.V.Singh for defendant nos 3(b),
(c) and (d).
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 29th JULY, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for
taking legal representatives of the deceased defendant no.3 Mr. Hiralal
Surajdin Pal. This chamber summons resisted on behalf of the
proposed legal representative of defendant nos. 3(b), (c) and (d) by
filing their reply. Read the chamber summons, affidavit and reply of the
legal heirs. Perused the record.
2. The Ld. counsel on behalf of the plaintiff has submitted that
the defendant no. 3 Mr. Hiralal is expired on 6/4/2019. The wife of
the defendant no.3 namely Jagtapdevi Hiralal Pal is also expired on
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16/6/2019. The proposed legal heirs of defendant no. 3(a) is Pushpa,
3(c) Deepa and 3(d)Shilpa are the daughters and proposed defendant
no. 3(b) Amit and 3(e) Sumit are the sons of deceased defendant no.3.
The Learned advocate on behalf of the proposed defendants no. 3( b),
(c) and (d) are stated that the legal representatives of deceased
defendant no.3(a) Pushpa is no any relation remain to the deceased
defendant no.3 due to her marriage and internal dispute in between
her and deceased defendant no. 3. Internal dispute in between father
and daughter and her marriage never deprived daughter to ask her
right as legal heirs. Therefore, I am of the opinion that the legal heirs
of deceased defendant no. 3(a) to (e) are the legal representatives of
the deceased defendant no.3. If this proposed amendment which are
mentioned in the schedule if it be allowed, the nature of the suit will
not be changed. Moreover, the present chamber summons came to be
filed on 11/07/2019 i.e. within the period of limitation. Therefore, I am
inclined to pass following order.
ORDER
1. Chamber summons No. 1273/2019 is allowed as prayed for.
2. The Plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons no. 1273/2019 is disposed of accordingly.
Date : 29.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 29.07.2019
Transcribed on: 29.07.2019
Signed by HHJ: 30.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
31.07.2019 5.20p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
29.07.2019
Judgment/order signed by P.O on 30.07.2019
Judgment/order uploaded on 31.07.2019
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