Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1001 of 2018
IN
L.C.SUIT NO. 1475 OF 2016
(CNR No.MHCC010072492018)
Ashok Kishan Gaikwad )...Plaintiff
V/s.
The Municipal Corporation of Gr. )
Mumbai & Ors. )...Defendant
Appearance:
Adv. Mr. Vivek Singh for plaintiff.
Adv. Mr.Dhumale for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 26th, NOVEMBER 2019.
(C.R.No.06)
This chamber summons is taken out by the plaintiff for deleting
the name of defendant no.2 and taking out the legal heirs of the
deceased defendant no 2 is on record. This chamber summons resisted
on behalf of the defendant Municipal Corporation by filing its reply.
Read the present chamber summons, affidavit of the plaintiff and reply
of the defendant Municipal Corporation. Heard both the learned
counsels on behalf of both the sides at length. Perused the record.
2. On scrutiny of the pleadings, it appears that the defendant no. 2
Mr. Baban Kishan Gaikwad is expired on 20/1/2018. The son of
deceased defendant no.2 namely Yogesh Baban Gaikwad is already on
record as defendant no.3. The deceased defendant no 2 has another
legal heir i.e. his wife Smt. Nanda Baban Gaikwad. By way of this
chamber summons, the plaintiff wants to delete the name of deceased
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defendant no. 2 on record and record the name of wife of deceased
defendant no.2 namely Nanda Gaikwad in place of defendant no.2. In
support of contentions of the plaintiff, the Death Certificate of
defendant no. 2 is enclosed with this chamber summons.
3. After hearing the arguments advanced on behalf of both the sides
and scrutiny of pleadings of both the parties, admittedly, the defendant
no. 2 is died on 20/01/2018. Smt. Nanda is the legal heir of defendant
no.2 and Mr.Yogesh Gaikwad is the legal heir of defendant no.2.
Therefore, if this chamber summons is to be allowed, then it will not
change the nature of the suit. Moreover, it will not surprise on the part
of defendant. Therefore, I inclined to allow this chamber summons.
Hence, I have proceed to pass following order.
O R D E R
1. Plaintiff's chamber summons no. 1001/18 is hereby allowed as
prayed for.
2. The plaintiff and his advocate are directed to carry out proposed
amendment within stipulated period.
3.Chamber Summons is disposed off accordingly.
Date : 26/11/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on :26/11/2019
Transcribed on : 26/11/2019
Signed by HHJ : 27/11/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
26/11/2019
Judgment/order signed by P.O on 27/11/2019
Judgment/order uploaded on 28/11/2019
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