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Court Order

Final Order 1

CNR MHCC01010783201903 Mar 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 03 Mar 2021 · CNR MHCC010107832019

Order Details: Chamber summons
Pdf Text: 1 C.S. NO.1857 OF 2019
CNR:MHCC01-010783-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1857 OF 2019
IN
SUIT NO.3465 OF 2011
(HIGH COURT SUIT NO.874 OF 2011)
1(a) Reena Nandan Rao & Ors .. Applicants
In the matter between
Wg. Cdr. Nandan Mukund Rao(Retd.) .. Plaintiff
V/s.
1 Bharat Mukun Rao & Ors. .. Defendants
Appearances :-
Ms. Neha Tikam for applicants.
Ms. Damini Shukla for defendant Nos.1 to 3.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 3rd March, 2021.
ORDER
1 This Chamber Summons is moved by the applicants i.e.
legal heirs of deceased sole plaintiff to bring them on record as
plaintiffs and to condone the delay of 25 days in moving the
Chamber Summons.
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2 C.S. NO.1857 OF 2019
2 Learned Adv.Neha Tikam for the applicants argued that
sole plaintiff died on 8th April 2019 leaving behind him applicants.
Present Chamber Summons is moved on 23/11/2019. Due to
demise of the plaintiff, there is delay in filing Chamber Summons.
It requires to be condoned.
3 On the contrary, learned Adv. Damini Shukla for
defendant Nos.1 to 3 submitted to pass suitable order.
4 Considering the reasons mentioned in the affidavit in
support of Chamber Summons and nature of prayer, I am inclined
to allow the Chamber Summons.
5 Learned Adv. Neha Tikam for the applicants submitted
that applicant No.1(a) is senior citizen and it is not possible for her
to attend the Court for the verification at the time of carrying out
amendment. Applicant No.1(b) and 1(c) are residing in foreign
countries. She requested to dispense with the presence of the
applicants and advocate be permitted to carry out the amendment.
Hence, I pass following order.
ORDER
1 Chamber Summons No.1857 of 2019 is hereby allowed
in terms of prayer clause(a) and (b).
2 Verification by the applicants in the amendment is
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3 C.S. NO.1857 OF 2019
dispensed with and advocate is permitted to carry out amendment
within 14 days.
2 Chamber Summons is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 03/03/2021. Greater Bombay.
Dictated on :03/03/2021.
Transcribed on :03/03/2021.
Signed on :03/03/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 04/03/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
03/03/2021.
Judgment/Order signed by P.O. on 03/03/2021.
Judgment/Order uploaded on 04/03/2021.
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