Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1335 OF 2019.
IN
SUIT NO. 3469 OF 2014
(CNR NO. MHCCO10074432019)
Smt.Veena Shrikant Naik )...Plaintiff
Versus )
Mumbai Municipal Corporation of )
Gr.Mumbai & Anr. )...Defendants.
And
1. Ashish Shrikant Naik & Anr. )...Applicant.
Appearance:
Adv.Mr.S.S.Redekar for plaintiff.
Adv.Mr. Dhumale for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 1st AUGUST, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the applicant no.
1 who is proposed legal heir of the plaintiff no.1 Smt.Veena Naik for
taking legal heirs of he deceased plaintiff no.1 and making amendment.
This chamber summons resisted on behalf of the defendants by filing
their reply on the same application. Read the present chamber
summons, affidavit of the applicant no.1 in support of chamber
summons and reply of the defendants. Heard both the counsels on
behalf of both the sides at length. Perused the record.
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2. The learned counsel on behalf of the plaintiff has submitted
that plaintiff no.1 Mrs. Veena Naik is expired during pending of the suit
i.e. 18/03/2019. The proposed legal heirs no.1(a) Ashish S. Naik and
1(b) Angha A.Patankar are the son and daughter respectively of the
deceased plaintiff no.1 Smt. Veena Naik.
3. This chamber summons came to be filed on 16/02/2019.
On scrutiny of the proposed amendment which is mentioned in the
schedule column if it is allowed, then the nature of the suit will not be
changed. It will not cause any hardship on the part of the defendant.
Therefore, I am of the opinion that by condoning delay this proposed
amendment which is mentioned in the schedule is to be allowed.
Therefore, I inclined to allow this chamber summons and proceed to
pass following order.
ORDER
1. Chamber summons no. 1335/2019 is hereby allowed as prayed for.
2. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons no. 1335/19 is disposed off accordingly.
Date : 01.08.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 01.08.2019.
Transcribed on:01.08.2019.
Signed by HHJ: 02.08.2019.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
02.08.2019. 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
01.08.2019.
Judgment/order signed by P.O on 02.08.2019.
Judgment/order uploaded on 02.08.2019.
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