Full Order Text
Final Order 1 · 27 Sept 2019 · CNR MHCC010077082019
Order Details: Chamber summons Pdf Text: Chamber Summons 1388-19 In S.C. Suit No. 8529-1999 in H.C. Suit no. 2264 of 1999 1 Date : 27.09.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.1388 of 2019 IN S.C. SUIT NO.8529 of 1999 H.C. SUIT NO. 2264 OF 1999 (CNR NO.MHCC010 077082019) Sunita Kamlakar Karande .. Applicant IN THE MATTER OF Jamunabai Ganpat Sawant .. Plaintiff Versus Sharda Kakasaheb Karande & Ors. .. Defendants Appearances : Adv. Anil Bagwe for plaintiff present. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge C.R. No. : 7 Dated : 27.09.2019. ORDER 1. The applicant filed instant Chamber Summons for bringing legal heirs of original plaintiff on record. 2. It is contended by the applicant that the plaintiff expired on 06.03.2019 at her native Place Taluka : Khatav, District : Satara. Therefore, there is delay of 37 days in filing present application. The applicant contended that right to sue is served in her favour. Hence, present Chamber Summons be allowed. -- 1 of 3 -- Chamber Summons 1388-19 In S.C. Suit No. 8529-1999 in H.C. Suit no. 2264 of 1999 2 Date : 27.09.2019 3. The applicant filed Service Affidavit. Although the defendants are served but nobody has appeared. The original plaintiff filed suit for partition. Hence, the right to sue survive to the applicant being one of the legal heir of the deceased. Although there is a delay, which has been explained, hence, In my view, the Chamber Summons needs to be allowed in the interest of justice. Thus, I proceed to pass the following order : ORDER 1. Chamber Summons No. 1388 of 2019 is hereby made absolute in terms of prayer clause “a to c”. 2. The applicant to carry out necessary amendments within 14 days from the date of order. 3. Chamber Summons No. 1388 of 2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 27.09.2019 Greater Mumbai Dictated on : 27.09.2019 Transcribed on : 27.09.2019 Draft submitted on : 27.09.2019 Checked on : 01.10.2019 Signed on : 01.10.2019 -- 2 of 3 -- Chamber Summons 1388-19 In S.C. Suit No. 8529-1999 in H.C. Suit no. 2264 of 1999 3 Date : 27.09.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 01/10/2019 at 3.15 p.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.7) Date of Pronouncement of JUDGMENT/ ORDER 27/09/2019 JUDGMENT/ORDER signed by P.O. on 01/10/2019 JUDGMENT/ORDER uploaded on 01/10/2019 -- 3 of 3 --