Interim Order 1

Order Details: Chamber summons
Pdf Text: Padmavati Sambhaji Avaghade Vs. MMC
Ch/S in Misc.Appeal No.23/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Unregistered Chamber Summons
In
Misc. Appeal No.23 of 2019
Padmavati Sambhaji Awaghade ..Applicant/
Prop. Appellant.
In Misc. Appeal Between:
Sambhaji N. Awaghade ..Appellant
Versus
The Municipal Corporation of Gr. Mumbai ..Respondent
APPEARANCES
For the applicant/Prop appellant :
− Ms.Kavita Sharma, Advocate
i/b M/s. Ganesh & Co.
For the respondent/BMC
− Mr.Dharmesh Vyas, Counsel
With Ms. Ruhi Hajare, Advocate
Coram : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL (C.R.No.19)
Dated : 22nd September, 2021
ORAL ORDER :
In an appeal filed against the order of eviction passed u/s. 105B
of The Mumbai Municipal Corporation Act, the present application has
been filed for seeking impleadment as “appellant” since the original
appellant has expired and the applicant is legal heir of the deceased.
Condonation of delay also has been sought and an order for setting
aside abatement is also prayed for.
2. Learned Counsel for the respondent although submits that he
would not prefer to file any reply to this Chamber summons, however,
seriously contested the right of the applicant to continue staying in the
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Padmavati Sambhaji Avaghade Vs. MMC
Ch/S in Misc.Appeal No.23/2019
subject premises and for that matter to prosecute the present appeal and
whether the applicant would be entitled in law to derive any benefit
thereunder.
3. Although the concern raised by the Learned Counsel for the
respondent cannot be rejected outrightly at this stage, nonetheless the
applicant cannot be disallowed to substitute representation in the
appeal and the concern raised by Learned Counsel for the respondent
can be considered if the same is put forth alongwith necessary material
at the time of hearing of an appeal.
4. As far as order of setting aside abatement and condonation of
delay is concerned, considering the pandemic prevalent for the last
around 18 months, this aspect is required to be considered
sympathetically. In such circumstances, Chamber Summons deserves to
be allowed with the rider as aforesaid and as such, I pass the following
order:
ORDER
1. Chamber Summons is made absolute in terms of prayer
clauses (a) to (c).
2. Amendment be carried out within two weeks and amended
copy be served on the other side.
3. Chamber Summons be registered for statistical purpose.
22.9.2021 (S.B.AGRAWAL)
Principal Judge,
City Civil Court, Gr.Bombay.
Dictated on : 22.9.2021
Transcribed on : 22.9.2021
Signed by HHJ on : 22.9.2021
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Padmavati Sambhaji Avaghade Vs. MMC
Ch/S in Misc.Appeal No.23/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: B.S.Parab
Upload date and time: 23.9.2021 (At 4.35 pm)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri S.B.AGRAWAL(C.R.No.19)
Date of Pronouncement of Order 22nd September, 2021
Order signed by P.O. on 22nd September, 2021
Order uploaded on 23rd September, 2021
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