Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1916/2019 ..1.. Suit No.8979/1994
CNR No.MHCC01-010916-2019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1916 OF 2019
IN
SUIT NO.8979 OF 1994
(H.C. Suit No.4133 of 1994)
Mrudula B. Jadhav and others .. Plaintiffs
Versus
Madan Balkrishna Jadhav and others. .. Defendants
Advocates
Prachi Mhatre for plaintiffs.
M. M. Khan for proposed defendants no. 9a to 9e and 10(aa) to 10(ee).
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 10th February, 2020
ORAL ORDER
Chamber summons is taken out on behalf of plaintiffs to
condone the delay, if any, in brining legal heirs/representatives of
defendant No.9 and 10 (a), and to amend the plaint as per schedule
annexed to chamber summons.
2. Contention of plaintiffs is that originally suit was filed before the
Hon'ble High Court at Bombay for specific performance of an agreement
dated 08.12.1985. On account of change in pecuniary jurisdiction, suit
is transferred to this Court on 01.10.2012. Thereafter notices were
issued to defendants and their advocate on 14.02.2013 for appearance
before this Court. On 07.04.2014 and 09.07.2014, defendant no.9 and
11 appeared before this Court through their advocates. In the
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meantime, legal heirs of defendant no. 1, 2, 4, 6, 7 and 8 were
impleaded as defendants vide order dated 04.08.2015. Plaintiffs,
defendant no.3, defendant no.5 and legal heirs of defendant no. 1, 2, 4,
6, 7, 8 filed consent terms and consent decree is passed on 04.08.2018.
In order to arrive at settlement of remaining defendants, matter was put
up before National Lok Adalat on 08.12.2018 and notices were issued to
defendant no.9, 10(a) and 11.
3. Advocate for defendant no.11 vide letter dated 25.04.2019
informed in writing to advocate for plaintiffs that defendant no.9 and
10(a) expired but he did not provide necessary details regarding their
legal heirs/representatives. Hence on 25.04.2019, advocate for plaintiffs
addressed an email to advocate for defendant no.11 to provide details
about death of defendant no.9 and 10(a). Advocate for defendant no.11
vide his letter dated 22.06.2019 provided necessary details to advocate
for plaintiffs about legal heirs of defendant no.9 and 10(a). Immediately
plaintiffs filed chamber summons no.1226/2019 on 02.07.2019 before
this Court for brining legal heirs of defendant no.9 and 10(a) on record
but as there was no prayer for condonation of delay, said chamber
summons was disposed of with liberty to take out fresh chamber
summons. Hence plaintiffs filed the present chamber summons.
4. Contention of advocate for plaintiffs is that plaintiffs were not
aware about death of defendant no.9 and 10(a), and it was brought to
his notice by advocate for defendants only on 22.06.2019. Thus delay is
caused in filing the present chamber summons for bringing legal heirs
of defendant no.9 and 10(a) on record.
5. Legal heirs of defendant no.9 and 10(a) filed affidavit in reply to
chamber summons. They submitted that they are only legal
heirs/representatives of defendant no.9 and 10(a). They given no
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CS No.1916/2019 ..3.. Suit No.8979/1994
objection to allow chamber summons and to joint them as defendants.
6. Perused chamber summons, affidavit in support of it, affidavit in
reply of legal heirs of defendant No.9 and 10(a) and proceeding of the
case. Heard both parties.
7. It is not in dispute that originally suit was filed before the
Hon'ble High Court and it is transferred to this Court in the year 2012.
Then notices was issued to defendants and their advocate. In the
meantime plaintiffs, defendant no.3, 5 and legal heirs of defendant no.
1, 2, 4, 6, 7, 8 filed consent terms and consent decree is passed on
04.08.2018. In order to arrive at settlement, matter was put up before
National Lok Adalat on 08.12.2018 and notices were issued to
defendant no.9, 10(a) and 11. Though advocate for defendant no.11
orally informed about death of defendant no.9 and 10(a) to advocate
for plaintiffs on or about March 2019 but he in response to email dated
25.04.2019 of advocate for plaintiffs given information only on
22.06.2019 through a letter. Further the suit is for specific performance
of agreement. Hence cause of action survives to legal heirs of defendant
no.9 and 10(a). Contention of advocate for plaintiffs is supported with
material documents.
8. Advocate for both parties submitted that matter is already
settled between the parties and they are going to file consent terms as
like other defendants. Further legal heirs of defendant no.9 and 10(a)
appeared before the Court and given no objection to allow chamber
summons. Considering the nature of suit, facts and circumstances of the
case, chamber summons deserves to be allowed. Hence, following
order:
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ORDER
1. Chamber Summons No.1916 of 2019 is allowed and made
absolute in terms of prayer clause (a) and (b).
2. Plaintiffs to carry out amendment as per schedule annexed to
chamber summons within 14 days from the date of this order.
3. Plaintiffs shall file amended copy of plaint on record and serve
the same to defendant no. 11 and newly added defendants.
4. Accordingly, chamber summons is disposed of.
(S. T. Soor)
Judge
Date : 10.02.2020 Gr. Mumbai.
Typed on : 10.02.2020
HHJ signed on :11.02.2020
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CS No.1916/2019 ..5.. Suit No.8979/1994
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.02.2020, 11.30 a.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
10.02.2020
JUDGMENT/ORDER signed by P.O.
on
10.02.2020
JUDGMENT/ORDER uploaded on 10.02.2020
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