Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 2072-2019 in LC SU 2904-2013
MHCC010117532019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO.2072 OF 2019
in
LC SUIT NO. 2904 OF 2013
Mohammed Kamran Mohammed
Hashim Khan & Others .... Applicants
In the matter between
Shri.Mohammed Hashim Khan Riyaz
Khan
....Plaintiff
Versus
The Bombay Municipal Corporation
for Greater Mumbai
.... Defendant
CORAM: H.H. JUDGE & ADDL.
SESSIONS JUDGE,
SHRI. K. P. KSHIRSAGAR,
(C.R. No.05).
DATE : 12th NOVEMBER, 2021.
Appearance:
-
Shri. Jitendra B. Mishra; Ld Advocate for applicants.
Smt. Vidya Vyavahare alongwith Shri. Sutar; Ld Advocate for defendant.
ORAL ORDER
1) Applicants have taken out this chamber summons for
allowing them to delete the name of deceased plaintiff and to allow them
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2 CS 2072-2019 in LC SU 2904-2013
to amend the plaint for bringing legal representatives on record as per
schedule.
2) Perused the chamber summons, affidavit in support of same,
documents annexed to affidavit, reply of defendant. Heard Ld Advocate
for applicants and Ld Advocate for defendant.
3) From the perusal of the copy of death certificate filed
alongwith affidavit in support of chamber summons it appears that the
plaintiff expired on 17/8/2019. It appears that present applicants are the
heirs and the legal representatives of the deceased plaintiff. The chamber
summons is taken out within prescribed period. By present chamber
summons applicants wants to delete name of the deceased plaintiff and
want to bring on record their names as legal representatives of deceased
plaintiff. The right to sue survive. The proposed amendment is also
formal and necessary for deciding the real controversy between the
parties. No prejudice will be caused to the defendant if the chamber
summons is allowed.
4) Considering the matter on record and above discussion in
the interest of justice chamber summons deserves to be allowed. Hence,
the following order;
ORDER
1) Chamber Summons No. 2072/2019 is made
absolute with cost.
2) Applicants shall carryout amendment as per
schedule within 14 days from the date of this
order.
3) Chamber Summons No.2072/2019 is disposed of
accordingly.
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3 CS 2072-2019 in LC SU 2904-2013
4) Cost in cause.
Date: 12/11/2021 (K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Bombay
Dictated & directly typed on : 12/11/2021
Checked on : 12/11/2021
Signed by HHJ on : 12/11/2021
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4 CS 2072-2019 in LC SU 2904-2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/
ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/11/2021 Mrs. S.A. Shekade.
Name of the Judge (With Court room no.) SHRI K.P. Kshirsagar (Court Room No.05)
Date of Pronouncement of
JUDGMENT/ORDER
12/11/2021
JUDGMENT/ORDER signed by P.O. on 12/11/2021
JUDGMENT/ORDER uploaded on 15/11/2021
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