Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 904/23 in S.C.Suit No. 3106/19. 1 Order.
MHCC010052412023
Presented on : 08-05-2023
Registered on : 08-05-2023
Decided on : 09-01-2024
Duration : 0 years, 8 months, 1 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 904 OF 2023
IN
S. C. SUIT NO. 3106 OF 2019
Mrs. Farhanaaz Mohd. Kalim Shaikh and another )...Applicants
)(Ori. Plaintiffs)
IN THE MATTER BETWEEN:
Mrs. Farhanaaz Mohd. Kalim Shaikh and another )...Plaintiffs
Versus
Mrs. Mehrunisha Salim Kureshi, alias )
Khairunnisa Mohd. Salim Qureshi )
and others )...Defendants
Shri Sunil Mishra, Advocate for the plaintiffs.
Smt. Sapna Bheda, Advocate for the defendant no.1 and 8.
CORAM : HIS HONOUR JUDGE SHRI S.D.KULKARNI.
(COURT ROOM NO.66).
DATE : 9th JANUARY, 2024.
ORDER
1. The plaintiffs have taken out the chamber summons to
delete the name of defendant no.4 and to bring her L.R.s on record.
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Ch/s No. 904/23 in S.C.Suit No. 3106/19. 2 Order.
2. The contention of the plaintiffs that defendant no.4 Mrs.
Zarina Faiyaz Ahmed Shaikh died on 03/07/2022 at Mumbai. The
plaintiffs came to know about the death of defendant no.4 on
19/03/2023. Thereafter immediately the plaintiffs filed the chamber
summons to bring L.R.s of defendant no.4 on record.
3. The respondents opposed the chamber summons on a
ground that plaintiffs are not entitled for any ad-interim relief against
the L.R.s of defendant no.4. The proposed defendants are not appeared
in the matter and resisted the application.
4. Heard advocate for the plaintiffs and defendants at length.
I have also gone through the death certificate of defendant no.4. After
going through the death certificate of defendant no.4, it revealed that
she died on 03/07/2022. The contention of the plaintiff that she first
time came to know about the death of defendant no.4 from the relatives
of defendant no.4 on 19/03/2023. The suit is filed for permanent
injunction in respect of Room No.1408-A situated at Shivaji Nagar,
Mumbai. So the civil right of the parties regarding the immovable
property involved in the suit. Thus, right to sue survives against
surviving L.R.s of defendant no.4. Therefore certainly plaintiff is
entitled for the amendment as prayed.
5. The plaintiffs also prayed that ad-interim relief granted in
favour of plaintiffs be continued against the proposed defendants but
notice was not issued to the proposed defendants, therefore their reply
is not on record. So without hearing of proposed defendants, it is not
just and proper to grant relief against them. Therefore relief prayed by
the plaintiffs vide prayer clause (b) cannot be granted at this stage.
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Ch/s No. 904/23 in S.C.Suit No. 3106/19. 3 Order.
Considering this, I pass following order :
- ORDER -
1. Prayer clause (a) of Chamber Summons No. 904/2023 is made
absolute.
2. Plaintiffs are directed to carry out amendment within stipulated
period.
3. The amended plaint be served on the parties and issue writ of
summons to the newly added defendants.
4. Ch/s No. 904/2023 is disposed off accordingly.
(S.D.KULKARNI)
Judge,
City Civil Court,
(Court Room No.66)
Date : 09/01/2024. Mumbai.
1. Dictated online on : 09/01/2024.
2. Placed for correction on : 15/01/2024.
3. Checked on : 18/01/2024.
4. Correction carried on : 18/01/2024.
5. Signed on : 18/01/2024.
6. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Ch/s No. 904/23 in S.C.Suit No. 3106/19. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19/01/2024. 1.34 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri S.D.Kulkarni.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 09/01/2024.
Judgment/Order signed by P.O. on 18/01/2024.
Judgment/Order uploaded on 19/01/2024.
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