Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1063 OF 2018
IN
L. C. SUIT NO. 1291 OF 2017
Sharad Chintaman Paradkar .. Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai .. Defendants
AND
Smt. Sharayu Sharad Paradkar & Ors. .. Applicants
CORAM : HIS HONOUR JUDGE
SHRI K.P.NANDEDKAR
(C.R.NO.11)
DATE : 15th January, 2019
Mr. Vardhaman, ld. advocate for plaintiff.
Mrs. Hajare, ld. adv. for defendant/BMC.
O R D E R
1. This Chamber Summons is taken out by applicants for
amendment in the plaint for bringing applicants on record as
plaintiffs in place of deceased plaintiff. Kiran Sharad Paradkar has
filed his affidavit in support of Ch/s contending that plaintiff Sharad
Chintaman Paradkar has filed the suit for challenging notice under
sec. 354A of BMC Act bearing No. L/DO1L/152/354A MMC Act/
L244NO1/ 29.04.2017 and for challenging speaking order dated
20.05.2017 which was passed in pursuance of said notice.
2. It is contended that plaintiff Sharad Paradkar died on
16.12.2017 leaving behind applicants as his legal heirs and survivers
of the estate. Hence applicants are necessary party to the suit and
they are necessary to be brought on record.
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3. Defendant's advocate Mrs. Hajare has resisted the Ch/s
by filing say contending that disputed notice was issued against
notice structure referred in said notice and speaking order thereafter
was passed. It is contended that disputed notice and speaking order
were passed by following due process of law and therefore applicants
are not necessary party to the suit. Hence defendant has prayed to
dismissed the Ch/s.
3. Heard plaintiff's advocate Mr. Vardhman and advocate
Mrs. Hajare for defendant/BMC. As applicants are legal heirs of
original deceased plaintiff and as applicants are intending to
challenge disputed notice and speaking order I that they are
necessary party to the suit and their presence is required in the
matter for just and proper decision of the suit. Further proposed
amendment is not going to change nature of the suit. Hence I
proceed to pass following order.
O R D E R
1. Ch/s No. 1063/18 is made absolute in terms of prayer clause
(a)
2. Applicants are directed to carry out proposed amendment in
the plaint within stipulated time provided by law as per
schedule annexed to the Ch/s.
3. Applicants are further directed to file typed copy of amended
plaint before the Court and to serve its copy upon
defendant/BMC.
(K.P.Nandedkar)
Judge,
City Civil Court,
15.01.2019 Gr.Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF Steno
16/01/2019 03.40pm Y.S. Patil(H.G.)
Name of the Judge HHJ Shri K.P.Nandedkar (CR No.11)
Date of Pronouncement of Judgment/Order. 15/01/2019
Judgment/order signed by P.O on 16/01/2019
Judgment/order uploaded on 16/01/2019
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