Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010113462019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2002 OF 2019
IN
L.C.SUIT NO. 99 OF 2010
1) Sadanand Shankar Mane
age 78 years, Occ:- Retired
Room No.7, Dattaraj HSG.Soc.
Andheri-Ghatkopar Link Road,
Ghatkopar (W),Mumbai-400084.
2) Janardhan Maruti Malvade,
age 72 years, Occ:- Retired
Room No.6, Dattaraj HSG.Soc.
Andheri-Ghatkopar Link Road,
Ghatkopar (W),Mumbai-400084
3) Sadashiv R.Bhise,
Through his Son and Constituted
Attorney Uday Sadashiv Bhise
age 71 years, Occ:- Retired
Room No.10, Dattaraj HSG.Soc.
Andheri-Ghatkopar Link Road,
Ghatkopar (W),Mumbai-400084
4) Sopan Narayan Pawar,
age 7o years, Occ:- Retired
Room No.10, Dattaraj HSG.Soc.
Andheri-Ghatkopar Link Road,
Ghatkopar (W),Mumbai-400084
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Ch/s No.2002/19 Order 2
Vs.
1) Mumbai Metropolitan Region
Develoment Authority
Through its Metropolitan Commissioner
C-14 & 15, Bandra Kurla Complex,
Bandra (East), Mumbai-400051
2) The Executive Engineer
Mumbai Metropolitan Region
Development Authoirty,
Bandra Kurla Complex,
Bandra (East), Mumbai-400051
3) Chief (Resettlement & Rehabilitation)
Mumbai Metropolitan Region
Development Authority
Bandra Kurla Complex,
Bandra (East), Mumbai- 400051
4) Municipal Corporation for
Greater Mumbai,
Through its Municipal Commissioner
MCGM Head Office, Mahapalika
Commissioner, Mumbai-400001.
5) State of Maharashtra
Through the Secretary,
Housing Department,
Mantralaya, Mumbai-400032.
6) The Urban Development Department,
Government of Maharashtra,
Through its Principal Secretary,
Mantralaya, Mumbai-400032.
7) The Deputy Collector (Enc/Rem.)
& the Competent Authority-Kurla Div.
Ground Floor, Topiwala College
Building, S.N.Road, Mulund (W),
Mumbai – 400080. … Defendants
AND
1A Rajani Sakharam Shinde,
Daughter of Late Sdanand Shankar
Mane, Age – 60 yrs. Occ – Housewife
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Ch/s No.2002/19 Order 3
1B Avinash Sadanand Mane,
Son of Late Sadanand Bhavkar Mane,
Age – 58yrs. Occ - Business
1C Ramesh Sadanand Mane,
Son of Late Sadanand Bhavkar Mane,
Age- 54 yrs. Occ-Business
1D Mahesh Sadanand Mane,
Son of Late Sadanand Bhavkar Mane
Age-52yrs. Occ-Service
1E Sadhana Pradeep Pawar,
Daughter of Late Sadanand Bhavkar
Mane, Age 50yrs., Occ-Housewife
All having address as Room No.11,
Sawami Chawl, Shubhash Nagar,
Ghatkopar (W), Mumbai-400084.
...Applicants (LR’s of Plff.
No.1)
AND
3A Malti Sadashiv Bhise,
Widow of Late Sadashiv
Ramchandra Bhise,
Age – 75yrs. Occ.Housewife.
3B Uday Sdashiv Bhise
Son of Late Sadashiv Ramchandra
Bhise, Age 45yrs. Occ - Service
3C Aruna Popat Mane,
Daughter of Late Sadashiv
Ramchandra Bhise,
Age – 45yrs. Occ - Service
3D Shubhada Bhanudas Magdhu,
Daughter of Late Sadashiv
Ramchandra Bhise,
Age – 41 yrs. Occ - Service
3E Deepak Sadashiv Bhise
Son of Late Sadashiv Ramchandra
Bhise
Age 39 yrs. Occ- Service
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Ch/s No.2002/19 Order 4
3F Vijay Sadashiv Bhise
Son of Late Sadashiv Ramchandra
Bhise
All having address as A/10,
Sai baba CHS Ltd. Asalpha Village,
NSS Road, Ghatkopar (W),
Mumbai-400084.
...Applicants (LR’s of Plff.
No. 3)
Appearances:
Ld. Adv Anjali Awasthi for plaintiffs/applicants.
Ld.Adv Chandramore for defendant no.4.
Adv. Suraj Kudalkar for defendant No.5 to 7.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.V. PATIL
(C.R.NO.09)
DATE : 21st September, 2021
ORDER
1. This Chamber Summons is filed by plaintiffs. Advocate for
plaintiff submitted that the plaintiff no.1 Sadanand Shankar Mane is
died on 22/7/14. He has Legal heirs. She further submitted that
plaintiff no.3 Sadashiv R.Bhise is also died on 13/4/2019, he also has
legal heirs. Plaintiff no.1 and 3 have expired hence it is necessary to
bring their legal heirs on record. There is delay in bringing the legal
heirs on record. Therefore, plaintiff also requested for necessary order
in his favour.
2. Defendant no.4,5,6 and 7 have filed say and submitted that prima
facie there is delay in bringing the legal heirs of plaintiff nos.1 and 3 on
record. Therefore, they requested to dismiss the Chamber Summons.
The suit is filed by plaintiff nos.1 to 4 against BMC and others. Plaintiffs
have challenged the notices issued by defendants to all the plaintiffs. In
such circumstances, considering the nature of the suit, releifs prayed by
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Ch/s No.2002/19 Order 5
plaintiffs against defendants, it is necessary to bring the legal heirs of
plaintiff no.1 and 3 on record. Prima facie, there is delay, therefore,
plaintiff no.2 has to compensate the delay by paying compensatory costs
in the Court. Consequently, Chambers Summons is made absolute and
following order is passed:
ORDER
1. Chamber Summons No.2002/2019 is hereby allowed.
2. Plaintiff no.2 to pay costs of Rs.500/- for delay. Costs be
credited to State.
3. Legal heirs of plaintiff no.1 and 3 be brought on record.
4. Chamber Summons No.2002/2019 stands disposed of.
(C.V. PATIL)
Ad-hoc Judge,
Date : 21/9/2021 City Civil Court, Gr. Bombay
Dictated on : 21/9/2021
Transcribed on : 22/9/2021
HHJ signed on : 23/9/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
23/9/2021 5.30p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room
No.)
HHJ Smt. C.V. Patil (CR 09)
Date of Pronouncement of JUDGEMENT /
ORDER
21/9/2021
JUDGEMENT /ORDER signed by P.O. on 23/9/2021
JUDGEMENT /ORDER uploaded on 23/9/2021
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