Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1961 OF 2019
(CNR NO.MHCC010111582019)
IN
L.C.SUIT NO. 614 OF 2017
Mr.Manohar Shankar Bait
At present residing at Sakai Sadan
Building No.511/1, Pandurang
Kabir Mhatre, Rabale Gothavali
Navi Mumbai400701. ..Plaintiff
Vs.
1) Shri.Yashwant Sitaram Khairmode
(Since Deceased)
Pant Nagar Housing Society
Rajhana Building No.21, 1st floor,
Room No.611, Ghatkopar (East)
Mumbai 400075.
1a) Smt.Ranjanabai Yeshwant Khairmode
Widow of Shri.Yeshwant Sitaram Khairmode
an adult, Indian Inhabitant
1b)Mr.Praful Yeshwant Khairmode,
Son of Shri.Yeshwant Sitaram Khairmode, an
adult, Indian Inhabitant, both are residing at
Pan Nagar Housing Society, Rajhana Building
No.21, 1st Floor, Room No.611, Ghatkopar
(East), Mumbai400075
And also residing at 138/3792, Pant Nagar
Suryodaya Housing Society, 96 Road, Shivaji
Teachers High School, Pant Nagar, Ghatkopar
(E), Mumbai400075. ..Defendants
AND
1. Smt.Kalpana Manohar Bait
House No.552/002, Gothavali
Gaon, Near Mari Aai Mandir,
Ghansoli, Navi Mumbai, Thane,
Maharashtra 400701
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Ch/s No.1961/21 Order 2
2. Mr.Mahesh Manohar Bait
Shri.Saidham Apartment,
Flat No.A/201, Ghothivali Gaon,
Ner Vitthal Mandir, Rabale,
Navi Mumbai, Thane – 400701. ...Applicants
Appearances:
Ld.Adv Mr.Deepak Kirtane for plaintiff.
Ld.Adv.Mr.Jamkhandi for defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 5th March, 2022
ORDER
1. This Chamber Summons is filed from the side of plaintiff, the
Legal heirs of the plaintiff Suo motto they have come on record with
statement that the original plaintiff Manohar Shankar Bait is died on
25/7/2019. Present applicants by name Kalpana Bait and Mahesh Bait
are the legal heirs of deceased plaintiff. Kalpana is wife and Mahesh is
son of deceased Manohar Shankar Bait. Therefore, they requested to
allow them to step into the shoes of plaintiff. Accordingly, legal heirs
have tendered Chamber Summons on record.
2. Defendants have filed reply and denied contents of Chambers
Summons on the ground that though they are legal heirs of original
defendant but they are not concerned with the transaction between
plaintiff and original defendant. However, they are not succeeding of
property, from original defendant. Lastly, they requested to dismiss
Chamber Summons.
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Ch/s No.1961/21 Order 3
3. Heard, it is the case of plaintiff that the original plaintiff died on
25/7/2019 but legal heirs have moved Chamber Summons in October
2021 i.e. within 90 days after death of plaintiff. Said fact is not denied
by defendants. The defendants have also not denied relation of legal
heirs with original plaintiff. Therefore, prima facie from the statement
of plaintiff it appears that legal heirs Kalpana and Mahesh are entitled
to come on record in place of plaintiff. However, the defendants
objection that is they are not concerned with transaction between
original plaintiff and defendant will be considered on merit. At this
stage, only the question is whether it is necessary to take the legal heirs
of plaintiff on record or not. Plaintiff has filed suit against defendants.
Now, plaintiff is no more he is succeeding two legal heirs therefore,
they are entitled to come on record. Accordingly, following order is
passed:
ORDER
1. Chamber Summons No.1961/2019 is made absolute in
terms of prayer clause (a) and (b).
2. Plaintiff to carry out amendment within stipulated time.
3. Chambers Summons No.1961/2019 stands disposed of
accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 05/03/2022 City Civil Court, Gr. Bombay
Dictated on : 05/03/2022
Transcribed on : 05/03/2022
HHJ signed on : 10/03/2022
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Ch/s No.1961/21 Order 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
10/03/2022 4.00p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
05/03/2022
JUDGEMENT /ORDER signed by P.O. on 10/03/2022
JUDGEMENT /ORDER uploaded on 10/03/2022
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