Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.160719 in Exe. Apln. 62216 Suit No.413010
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1607 OF 2019
IN
EXECUTION APPLICATION NO.622 OF 2016
IN
SUIT NO. 4130 OF 2010
(MHCC010090672019)
Smt. Pushpa Purshottam Telrandhe
Aged about 60 years, occupation:
Housewife, of Mumbai, Indian
Inhabitant, residing at Flat No.1402,
14th floor, Shubhada Cooperative
Housing Society Ltd., Manorai, Sir
Pochkhanwala Road, Worli, Mumbai
– 400 018.
... Applicant
(Decree Holder)
Versus
Mr. Pandurang Jairamji Hajare
Aged about 82 years, Occ.:Retired,
residing at Gandhi Ward, Tehsil:
Ramtek District: Nagpur,
Maharashtra State
...Respondent/
Defendant
(Judgment Debtor)
Since deceased
And
1a. Smt. Mandakini Pandurang
Hazare,
widow of Pandurang Hazare
Aged about 82 years, Occ.:
Housewife Indian Inhabitant
residing at Gandhi Ward, Tehsil:
Ramtek District: Nagpur,
Maharashtra State
1b. Smt. Hemlata Dabare,
Daughter of Late Pandurang J.
Hazare Aged about 65 years,
Occ.: Housewife Indian
Inhabitant C4, Apartment Hill
Top, Durga Vihar, Ramnagar,
...1/
-- 1 of 5 --
CS No.160719 in Exe. Apln. 62216 2 Suit No.413010
Nagpur, Maharashtra.
1c. Smt. Managala Ghawade
Daughter of Late Pandurang J.
Hazare, aged about 63 years,
Occ.: Housewife, Indian
Inhabitant residing at Gandhi
Ward, Tehsil: Ramtek District:
Nagpur, Maharashtra State.
1d. Sunil Pandurang Hazare
Son of Late Pandurang J.
Hazare, aged about 59 years,
Occ.: Indian Inhabitant, 401,
Kartikeya Apartment, Jaidurga
Society No.2, near Hanuman
Mandir, Manish Nagar, Nagpur
440015, Maharashtra
1e. Vinod Pandurang Hazare
Son of Late Pandurang J.
Hazare, aged about 56 years,
Occ.: Indian Inhabitant, 401,
Kartikeya Apartment, Jaidurga
Society No.2, near Hanuman
Mandir, Manish Nagar, Nagpur
440015, Maharashtra
….Proposed
respondents/
defendants
(Judgment Debtors)
Appearance:
Ms. Kajal Thallapalli, Advocate for plaintiff.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 15/11/2019
ORAL ORDER
1) The Chamber Summons is filed by DH to bring on
record the legal heirs of deceased JD. The Chamber Summons is
supported by Smt. Pushpa Purshottam Telrandhe. She on oath
...2/
-- 2 of 5 --
CS No.160719 in Exe. Apln. 62216 3 Suit No.413010
stated that she received information on 01/06/2019 from relative
that JD died on 01/06/2019. Therefore, to execute the decree the
legal heirs of the JD are to be brought on record. Hence, prayed
to allow the Chamber Summons.
2) The Chamber Summons is supported by xerox copy
of death certificate. It shows that deceased DH expired on
01/06/2019. The plaintiff has filed on record the affidavit of
service to show that served the copy of legal heirs of deceased JD.
Till date nobody filed the appearance. Hence, the Chamber
Summons is proceeded further without the appearance of legal
heirs of deceased JD.
3) The decree was passed in Suit No.4130/10 on
01/07/2015, thereby it was declared that Memorandum of
Understanding dated 22/07/2000 is subsisting and binding on
defendant. The direction was given to defendant to obtain
necessary permission from Government of Maharashtra for
transfer of suit flat in the name of plaintiff and to complete legal
requirements for the purpose as per Memorandum of
Understanding dated 22/07/2000. The defendant executed sale
deed /Deed of Transfer after obtaining necessary permission in
respect of suit flat.
4) Considering the above decree the legal heirs of JD
are necessary parties for execution of the decree which is binding
on them also. Hence, pass following order:
ORDER
1. The Chamber Summons is made
absolute as per prayer (a) of the
...3/
-- 3 of 5 --
CS No.160719 in Exe. Apln. 62216 4 Suit No.413010
Chamber Summons, to bring on
record the legal heirs of deceased
Judgment Debtor (JD).
2. The DH is directed to carryout
amendment within limitation.
3. Accordingly, Chamber Summons is
disposed of.
(S.S. Nagur)
Date : 15/11/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 15/11/2019
Transcribed on : 28/11/2019
Signed on : 28/11/2019
...4/
-- 4 of 5 --
CS No.160719 in Exe. Apln. 62216 5 Suit No.413010
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
28/11/2019 & 3.44 p.m. : Mrs. Shobha Ashok Shekade
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 15/11/2019
Order
Judgment/Order signed by the P.O. on : 28/11/2019
Judgment/Order uploaded on : 28/11/2019
...5/
-- 5 of 5 --