Final Order 1

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101922/2021
Manohar Anant Honale Vs 1.Madhav Anant Honale 2.MCGM 3.MHADA 4.Jayantilal Lunkad
Date : 26-07-2022
Business : None present for plaintiff. Adv. Mangal Kadam present for
defendant 03/MHADA. Adv. Chandramore present for
defendant 02/MCGM. Adv. Ashish Gupta present for the
plaintiff. Kb l.o. at 05.23 pm. Heard arguments of ld. Adv.
For plaintiff and ld adv. For defendant no. 02 and 03 on chs.
no. 1922/2022. Following order is passed on chs. no.
1922/21. Order- Perused the chamber summons, affidavit in
support of chamber summons and record. Heard ld. Adv.
For plaintiff and ld. Advocate for defendant no. 02 and 03.
As defendant no. 01 and 04 and proposed defendants were
absent, they could not be heard. By the proposed
amendment, plaintiff want to bring on record, the legal
representatives of deceased defendant no. 01. From the
affidavit in support of chamber summons and copy of death
certificate annexed therewith. It appears that, defendant no.
01 expired on 14/09/2020. The date of death of defendant
no. 01 and fact that, the proposed defendants are his legal
representatives is not disputed. Therefore, the proposed
defendants appears to be legal representatives of defendant
no. 01. From the record, it appears that, plaintiff had
tendered the present chamber summons on 25/11/21. It is
admitted fact that, as per order of Hon&amp#039ble
Appex Court passed in Sue Motu writ petition no. 03/2020
dt. 23/03/2020, the Hon&amp#039ble Appex Court
has extended the period of limitation prescribed under the
general and special laws from 15/03/2020 till 28/02/2022.
Thus, it appears that, present matter comes within purview
of the period during which the period of limitation was
extended. As such the present chamber summons is taken
out within prescribed period. Right to sue survives again the
legal representatives of defendant no. 01. Considering the
matter on record and above discussion present chamber
summons deserves to be made absolute. Hence, court
proceeds to pass the following order. ORDER 1) Chamber
Summons No. 1922/2021 is made absolute. 2) Plaintiff shall
carry out the amendment as per schedule within 14 days
from the date of this order. 3) Chamber Summons No.
1922/2021 is disposed off accordingly. Authenticated copy
of Roznama be given to both the parties. Matter adjourned
for compliance to 17/08/22.
Nature of Disposal : ALLOWED
Disposal Date : 26-07-2022
COURT 08 ADDL SESSIONS JUDGE
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