Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 1547-19 In Suit No. 7460- 1996
1 Date 07.12.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1547 of 2019
IN
SUIT NO. 7460 of 1996
(CNR NO.MHCC01 0087772019)
Anthony Lobo & Ors. .. Plaintiffs
Versus
Dolcie Angela Fonsca & Ors. .. Defendants
Appearances :
Ld. Adv.Sagayamary M. for plaintiff present.
Ld. Adv.Ganesh Lambade i/b Adv. Prem Gidwani for defendant
no.1(a) and 1(b) present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 07.12.2019
ORDER
1. The plaintiff filed instant Chamber Summons for permission
to carry out amendment as per schedule.
2. It is contended by the plaintiff that the advocate of the
defendant no. 1 on 03.07.2019 informed that his client expired on
23.06.2019 and also supplied the Death Certificate. The advocate
of defendant no. 1 vide, its letter dated 24.07.2019 gave names
-- 1 of 4 --
Chamber Summons 1547-19 In Suit No. 7460- 1996
2 Date 07.12.2019
and addresses of the defendant no. 1. Therefore, the names of
legal heirs of defendant no. 1 required to be brought on record.
3. It is contended by the plaintiff that defendant no. 1 expired
on 23.06.2019 of which he got knowledge by the advocate of
defendant no. 1 on 24.07.2019. Therefore, from the date of
knowledge, the present application is within limitation. The
advocate for respondent no. 1(a) and 1(b) formally opposed the
Chamber Summons.
4. Heard both the sides. Perused Chamber Summons. The
plaintiff filed suit for declaration and establishment of their right
of easement and access to the immovable property from whom the
plaintiff also purchased the suit property. In my view, the right to
sue survive. It is not disputed that the plaintiff got knowledge of
death of original defendant no.1 on 03.07.2019. The plaintiff filed
instant Chamber Summons on 31.07.2019. Therefore, the
Chamber Summons is within limitation. Hence, in my view, the
Chamber Summons needs to be allowed. Thus, I proceed to pass
the following order :
ORDER
1. Chamber Summons No.1547 of 2019 is made absolute in
terms of prayer clause(a) and (b).
2. Plaintiff to carryout amendment as per schedule within 14
days from the date of order.
-- 2 of 4 --
Chamber Summons 1547-19 In Suit No. 7460- 1996
3 Date 07.12.2019
3. Chamber summons No.1547 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 07.12.2019 Gr. Bombay
Dictated on : 09.12..2019
Transcribed on : 09.12..2019
Draft submitted on : 09.12..2019
Checked on : 11.12.2019
Signed on : 11.12.2019
-- 3 of 4 --
Chamber Summons 1547-19 In Suit No. 7460- 1996
4 Date 07.12.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/12/2019 at 3.00 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
07/12/2019
JUDGMENT/ORDER signed by
P.O. on
11/12/2019
JUDGMENT/ORDER uploaded
on
12/12/2019
-- 4 of 4 --