Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1606 OF 2019
IN
SUIT NO. 8312 OF 1995
(CNR NO.MHCC01-009060-2019)
Shri Jerome Braganza ...Plaintiff
V/s.
1. Smt. Mary Thomas Braganza & Ors. ...since deceased
2. Connelius Thomas Braganza & Ors. ...Defendants
And
Pelegrina Mariano Braganza & Ors. ...Respondents.
Appearances:
Ld. advocate Vaishali Ugale for plaintiff.
Ld. advocate Mr.V. P. Shastri for defendant nos. 2 and 6.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED :14/10/2021.
ORDER
This is a chamber summons taken out by the plaintiff for making
amendment in the plaint. Learned advocate for defendant nos. 2 and 6
is present and he submitted that he does not want to file written say on
chamber summons and necessary order may be granted.
2. Read the present chamber summons, affidavit of the plaintiff in
-- 1 of 4 --
2
support of the chamber summons. Heard learned counsel on behalf of
the plaintiff and learned counsel on behalf of the defendant nos.
2 and 6.
3. On scrutiny of the pleadings of chamber summons, it appears to
me that the defendant no.3 and 5 are died during pendency of this suit
and therefore the plaintiff wants to take legal heirs of deceased no.3
and 5 are on record. If the proposed amendment is to be granted, then I
am of the view that the nature of the suit will not be changed.
Moreover, in order to determine real dispute in between the parties, it
requires that the matter should be decide on merit. Therefore, I inclined
to allow this chamber summons taken out by the plaintiff. Hence, I
proceed to pass following order.
ORDER
1. Chamber summons No.1606/2019 is hereby allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summons No.1606/2019 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :14/10/2021. Gr. Mumbai
Dictated on: 14/10/2021
Transcribed on: 14/10/2021
HHJ signed on: 14/10/2021
-- 2 of 4 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
14/10/2021 at 4.30 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar)
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
14/10/2021
Judgment/order signed by P.O. on 14/10/2021
Judgment/order uploaded on 14/10/2021
-- 3 of 4 --
4
-- 4 of 4 --