Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 1937-19 In S.C. Suit No. 2080- 2015
1 Date 30.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1937 of 2019
IN
S.C. SUIT NO. 2080 of 2015
(CNR NO.MHCC010110922019)
Mr. Anant Maruti Jadhav .. Plaintiff
Versus
Mr. Sadanand Maruti Jadhav & Ors. .. Defendants
Appearances :
Adv.Vaibhavi Pawar for plaintiff present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 30.01.2020
ORDER
1. The plaintiff filed instant Chamber Summons for deleting the
name of the defendant no. 3 as she died on 03.01.2019.
2. It is contended by the plaintiff that there is no legal heir of
defendant no. 3. Hence, the plaintiff may be allowed to delete the
name of defendant no. 3. The Chamber Summons is opposed by
the defendant no. 1 contending that there is a delay in filing
Chamber Summons. The suit already abated against defendant
no. 3. Hence, defendant no. 1 prayed for dismissal of Chamber
Summons.
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Chamber Summons 1937-19 In S.C. Suit No. 2080- 2015
2 Date 30.01.2020
3. Heard Ld. Advocate for the plaintif. None appeared for the
defendant no.1. Hence, his reply is considered for deciding the
present application. It is not in dispute that the defendant no. 3
died on 03.01.2019. The version of plaintiff that she died without
their being any heirs is remained challenged. Hence, in my view,
there is no harm in allowing the plaintiff to delete the name of
defendant no. 3 from Cause Title. Thus, I proceed to pass the
following order :
ORDER
1. Chamber Summons No. 1937 of 2019 is hereby made
absolute in terms of prayer clause (a), (b) and (c).
2. The plaintiff to carry out necessary amendment as per
schedule within a period of 14 days from the date of order.
3. Chamber Summons No. 1937 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 30.01.2020 Gr. Bombay
Dictated on : 30.01.2020
Transcribed on : 30.01.2020
Draft submitted on : 30.01.2020
Checked on : 03.02.2020
Signed on : 03.02.2020
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Chamber Summons 1937-19 In S.C. Suit No. 2080- 2015
3 Date 30.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/02/2020 at 11.30 a.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
30/01/2020
JUDGMENT/ORDER signed by
P.O. on
03/02/2020
JUDGMENT/ORDER uploaded
on
05/02/2020
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