Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 1408/2019 ..1.. In S.C. Suit No.2886/2015
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 1408 OF 2019
IN
S.C. SUIT NO. 2886 OF 2015
CNR NO : MHCC01-007821-2019
Mrs. Shaila Tukaram Sawant,
Residing At : 701/702,
Swami Darshan CHS Ltd.,
Hans Nagar, Near S. T. Workshop,
Khopat, Thane (West). ...Plaintiff.
Versus
Shri Subhash Tukaram Sawant,
Residing At : 5/B, Kalpataru,
Om Audumbar Prasad CHS Ltd.,
Khan Abdul Gafar Khan Road,
Municipal Colony, Worli,
Mumbai - 400 018. ...Defendant.
Appearance :-
Ms. Kshama Bhadari, Advocate for Plaintiff.
Ms. Manjalkar, Advocate for Defendant.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 4TH MARCH, 2021.
ORAL ORDER
In a suit for partition, the plaintiff has sought to bring on
record legal heirs of deceased defendant and has also prayed for
consequential amendments in the plaint.
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Chamber Summons No. 1408/2019 ..2.. In S.C. Suit No.2886/2015
2. According to the plaintiff, the defendant Subhash Tukaram
Sawant died on 16.07.2019 leaving behind him, his son and daughter
as the only legal heirs. The chamber summons is taken out within time
and so the plaintiff be allowed to bring on record legal representatives
of the deceased defendant.
3. The chamber summons is opposed by one of the legal
representatives of deceased defendant on the ground that, his sister Ms.
Anuja Subhash Sawant does not stay in Mumbai and therefore her
name should not be brought on record of the proceedings. His father
i.e. deceased defendant, has made him a nominee in respect of the suit
premises and therefore the plaintiff cannot claim her rights in it. The
plaintiff has purposely dragged the suit by filing another chamber
summons to add her sister as a party to the suit. His father was ill and
despite that, the plaintiff had unnecessarily created the litigation.
4. Perused. Heard.
5. It is not in dispute that, the only defendant Mr. Subhash
Sawant died on 16.07.2019, the chamber summons is taken out in the
month of July, 2019 itself i.e. well within limitation. It is also not
disputed that, the legal heirs sought to be brought on record are the
only legal representatives of the deceased defendant. Thus, there is no
legal impediment in allowing the chamber summons. Hence, following
order: -
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Chamber Summons No. 1408/2019 ..3.. In S.C. Suit No.2886/2015
ORDER
1. Chamber Summons No. 1408/2019 is allowed in
terms of prayer Clause (a).
2. The plaintiff shall bring on record the legal
representatives of deceased defendant and shall
correct title of the plaint within four weeks from
today.
3. Consequential amendment, if any, shall also be
carried out within four weeks from today.
4. The plaintiff shall submit a typed copy of
amended plaint to the Court and shall serve the
legal representatives with all the proceedings.
5. Costs in cause.
6. Chamber Summons No. 1408/2019 is disposed
of accordingly.
(AJIT N. MARE)
Judge,
Date : 04.03.2021 City Civil Court, Gr. Mumbai.
Dictated On : 04.03.2021
Transcribed on : 05.03.2021
HHJ Signed on : 06.03.2021
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Chamber Summons No. 1408/2019 ..4.. In S.C. Suit No.2886/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
06.03.2021 5.40 p.m. Mahendrasing D. Patil
(Stenographer (Grade-I)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No.3)
Date of pronouncement of Order 04.03.2021
Order signed by P. O. on 06.03.2021
Order uploaded on 06.03.2021
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