Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1811 of 2019
IN
L.C.SUIT NO. 1515 OF 2016
(CNR No.MHCC010103052019)
Dadar Neelkanth Apartments Cooperative )
Housing Society Ltd. )...Plaintiff.
V/s. )
Varun Dilipkumar Patel & Ors. )...Defendants.
And
Smita Bipinchandra Patel & Ors. )...Respondents.
Appearance:
Adv. Mr.S.Nagvadaria for plaintiff.
Adv. Mr. S. Chakrawati for defendant no. 1, 3 and 4.
Adv.Ms.Pranita Dhane for defendant no.5.
Adv. Ms. Vyavahare for defendant no.7/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 28th, NOVEMBER 2019.
(C.R.No.06)
This chamber summons is taken out by the plaintiff for taking
legal heirs of deceased defendant no.2 on record. The defendant nos. 5
and 7 resisted this chamber summons by filing their reply. Read the
present chamber summons, affidavit of Dr.Pratap Shivram Desai, who is
the Secretary of the plaintiff's society, reply of the defendant nos. 5 and
7. Heard both the learned counsels on behalf of both the sides at length.
Perused the record.
2. On scrutiny of the chamber summons and after hearing the
arguments advanced on behalf of the plaintiff, it appears that the
defendant no.2 Bipinchandra Nagindas Patel is died on 03/10/2018.
-- 1 of 3 --
2
The present chamber summons came to be filed on 11/10/2019. There
are 276 days delay. The legal heirs of deceased defendant no.2 which
are mentioned in schedule in this chamber summons. The defendant no.
2(a) Smt. Bipinchandra Patel is the wife of deceased defendant no.2
and defendant nos. 2(b) and 2(c) are the son of deceased defendant
no. 2.
3. On perusal of the affidavit of the plaintiff, in para no.4 and
onwards there are given reasons for causing delay for moving this
chamber summons. Lastly, on 09/09/2019, the new advocate for the
defendant nos. 1, 3 and 4 informed legal heirs of the deceased
defendant no.2, I am satisfied with the reasons given by the plaintiff in
support of the chamber summons, the plaintiff has filed his affidavit.
Therefore, if the chamber summons is to be allowed, it will not cause
any injustice on the part of the defendant. Moreover, it will not caused
any hardship to them. Therefore, I inclined to allow this chamber
summons. Hence, I have proceed to pass following order.
O R D E R
1. Plaintiff's chamber summons no.1811/19 is hereby allowed as prayed
for.
2. The plaintiff and its advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons no.1811/19 is disposed off.
Date : 28/11/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on :28/11/2019
Transcribed on :29/11/2019
Signed by HHJ : 30/11/2019
-- 2 of 3 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
30/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
28/11/2019
Judgment/order signed by P.O on 30/11/2019
Judgment/order uploaded on 30/11/2019
-- 3 of 3 --