Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 1694/2019 ..1.. In S.C. Suit No.101494/2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 1694 OF 2019
IN
NOTICE OF MOTION NO. 101464 OF 2018
IN
S.C. SUIT NO. 101494 OF 2018
CNR NO : MHCC01-009540-2019
Abdur Rasheed Abdul Rauf Shaikh,
Residing At : 59, Sofia Zubair Road,
Jamnadas Building, 1st Floor,
Room No. 20, Nagpada,
Mumbai - 400 008. ...Plaintiff.
Versus
1. Abdul Rauf Shaikh,
Residing At : Flat No. 54,
Vasil Khan Marg, Nagpada,
Mumbai - 400 008.
2. Mr. Abdul Hafeez Abdul Rauf Shaikh,
Residing At : Scarpe, Shop No.1,
Jai Mahal, 502/503, Linking Road,
Khar, Mumbai - 400 052.
3. Ashiana Apartment Co-Operative
Housing Society Limited,
Having Address At : Vasil Khan Marg,
Nagpada, Mumbai - 400 008. ...Defendants.
1(a) Mr. Aziz Shaikh
Residing At : Room No. 22, 58,
Habib Manzil, Dimtimkar Road,
Nagpada, Mumbai – 400 008.
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Chamber Summons No. 1694/2019 ..2.. In S.C. Suit No.101494/2018
1(b) Miss. Roshan Ara,
Residing At : Qadri Colony,
Qadri Manzil, Flat No. 302,
3rd Floor, ‘B’ Wing, Kaunsa,
Mumbra, Dist. Thane – 400 612. Proposed
Respondents.
Appearance :-
Mr. Shabbir Shaikh, Advocate for Plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 22ND JANUARY, 2021.
ORAL ORDER
Perused. Heard.
2. By this chamber summons the plaintiff has sought leave to
mention the word “Deceased” before the name of defendant No. 1 in
the title of the suit and notice of motion and to bring legal heirs of
defendant No. 1 on record on the ground that defendant No. 1 died
during pendency of the suit i.e. on 24.06.2019.
3. Existing defendants failed to file reply to the chamber
summons.
4. The Suit is instituted on 23.03.2018. It is undisputed that
defendant No. 1 died on 24.06.2019 i.e. after filing of the suit. In view
of this, the draft chamber summons filed on 18.09.2019 is within
limitation. In view of this, prayer clause (a) and (b) of chamber
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Chamber Summons No. 1694/2019 ..3.. In S.C. Suit No.101494/2018
summons can very well be allowed. However, the subsequent
amendment sought in paragraph 1 of the plaint cannot be allowed, as
there is no justification for it given in affidavit in support of chamber
summons. Hence, following order: -
ORDER
1. Chamber Summons No. 1694/2019 is allowed in
terms of prayer Clause (a) and (b) only.
2. No other amendment is allowed.
3. The plaintiff to comply the order within a period
of six weeks from today.
4. Chamber Summons No. 1694/2019 is disposed
of accordingly.
(AJIT N. MARE)
Judge,
Date : 22.01.2021 City Civil Court, Gr. Mumbai.
Dictated On : 22.01.2021
Transcribed on : 22.01.2021
HHJ Signed on : 25.01.2021
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Chamber Summons No. 1694/2019 ..4.. In S.C. Suit No.101494/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
25.01.2021 4.32 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 22.01.2021
Order signed by P. O. on 25.01.2021
Order uploaded on 25.01.2021
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