Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1701/2019 ..1.. S.C. Suit No.392/2015
CNR No.MHCC01-009589-2019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1701 OF 2019
IN
S.C. SUIT NO.392 OF 2015
Shyamsunder S/o. Bhagwandas Mukhi
@ Shyamsundar and one. .. Plaintifs
Versus
Associated Traders and Eng. Pvt. Ltd. and one... Defendants
Advocates
Sapna Nath for plaintifs.
Kapadia for defendant No.1.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 21st February, 2020
ORAL ORDER
Chamber summons is taken out on behalf of plaintifs to
condone the delay of 79 days in brining legal
heirs/representatives of defendant No.2 and to set aside
order of abatement of suit passed against defendant no.2 on
19.06.2019.
2. Contention of advocate for plaintifs is that defendant
no.2 expired on 01.03.2019. On 22.03.2019, advocate for
defendant no.2 informed the Court about death of defendant
no.2. Defendant no.2 left behind his wife and three children.
Plaintifs is required to bring on record legal heirs of defendant
no.2 before 20.06.2019. However, matter was fxed on
19.06.2019 and on the same day, the Court passed order of
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CS No.1701/2019 ..2.. S.C. Suit No.392/2015
abatement of suit against defendant no.2. On 19.06.2019,
plaintif no.1 came with application to bring legal heirs of
defendant no.2 on record but due to heavy rain, he reached
little late in the Court. His advocate also reached late in the
Court when the matter was called out. Then the matter was
posted on 19.08.2019. Plaintif no.1 is a dentist and plaintif
no.2 is a lady. Plaintif no.1 is looking after the matter. Due to
death of defendant no.2, cause of action survives to his legal
heirs. For the above reasons, delay is caused in bringing legal
heirs of defendant no.2 on record. Thus prayed for making
chamber summons absolute in terms of prayer clause (a).
3. Legal heirs of defendant no.2 remained absent inspite
of due service of chamber summons. Advocate for defendant
no.1 orally stated before the Court that he has no objection to
make chamber summons absolute.
4. From the perusal of proceedings of the case, it appears
that suit is for possession of fat no.E-17 on 2nd foor of Sukh
Shanti Niketan C.H.S. Ltd., Lalbahadur Shastri Marg,
Ghatkopar West, Mumbai (suit premises) by ejecting
defendants from suit premises. Defendant no.2 expired on
01.03.2019 and his advocate informed the Court on
22.03.2019. Thus plaintifs are required to bring legal heirs of
defendant no.2 on record within 90 days i.e., before
19.06.2019. Advocate for plaintifs submitted that on
19.06.2019, he and plaintif no.1 reached late in the Court.
Hence abatement order is passed against defendant no.2 on
19.06.2019. Advocate for plaintifs further submitted that due
to heavy rains, they reached late in the Court. Then the
matter is posted on 19.08.2019. Thus delay is caused in
bringing legal heirs of defendant no.2 on record and setting
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CS No.1701/2019 ..3.. S.C. Suit No.392/2015
aside abatement order. Plaintifs satisfactorily explained
reasons for delay in bringing legal heirs of defendant no.2 on
record and setting aside abatement order
5. Considering the nature of suit and due to death of
defendant no.2, cause of action survives to his legal heirs.
Under the facts, circumstances of the case and to decide real
controversies between the parties, chamber summons
deserves to be allowed in terms of prayer clause (a). Hence,
following order:
ORDER
1. Chamber Summons No.1701 of 2019 is allowed and
made absolute in terms of prayer clauses (a).
2. No order as to costs.
3. Accordingly, chamber summons is disposed of.
(Sunil T. Soor)
Judge
Date : 21.02.2020 Gr. Mumbai.
Typed on : 21.02.2020
HHJ signed on : 21.02.2020
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CS No.1701/2019 ..4.. S.C. Suit No.392/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
21.02.2020, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
21.02.2020
JUDGMENT/ORDER signed by
P.O. on
21.02.2020
JUDGMENT/ORDER uploaded on 21.02.2020
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