Order 1

Order Details: Order below exhibit
Pdf Text: 1 OBE 12Suit3250-19
MHCC010121602019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER BELOW EXHIBIT-12
IN
CHAMBER SUMMONS NO. 376 OF 2023
IN
S.C. SUIT NO. 3250 OF 2019
Smt. Bhagwati Devi Sharma … Plaintiff
V/s.
1. Sunil Satyanarayan Sharma & Anr. … Defendants
Appearance
Learned Adv. Mr. V. T. Dubey for the plaintiff.
Learned Adv. Mr. Aditya Sharma for the defendant No.1
CORAM : HHJ R. S. Aradhye
(C.R.NO. 62)
Date : 17th October, 2024
O R D E R
The present application is filed by the applicant who is
legal heirs of deceased sole plaintiff Bhagwati Devi Sharma, died on
01.10.2022 for carrying out the amendment in respect of bringing on
record legal representatives of the said deceased plaintiff. It is the
contention of plaintiff that vide Order Dtd. 27.09.2023 passed in
Chamber Summons Court has allowed to take on record legal
heirs /representatives of sole deceased plaintiff Bhagwati Devi Sharma
but due to oversight inadvertently only one legal heir/representative
-- 1 of 3 --
2 OBE 12Suit3250-19
came on record and two remains to bring on record. The order is
already passed therefore, if the permission is granted, as per applicant
no any kind of loss or harm will be caused to the other side. Defendant
No. 1 vide reply Ex.13 and plaintiff vide reply Exh.14 have opposed the
application and defendant No. 1 has further by rejoinder affidavit
Exh.15 reiterated the same contention raised in the affidavit in reply
Exh. 13. Heard both the sides.
2. There is no any dispute about the order passed by the
predecessor of this Court in Chamber Summons No. 376/2023 and
what is now asked by the applicant that to permission for bringing on
record two legal heirs/representatives of deceased plaintiff on record
which due to oversight not brought on record though there is order of
the Court. The order of the Court is of 27.09.2023 and present
application is filed on 09.11.2023. Thus taking into consideration all
above facts, I do not find any legal hurdle if the applicant is permitted
to bring on record rest of the legal heirs/representatives of sole
deceased plaintiff as the Court has already ordered and allowed the
prayer of plaintiff. With this, application Exh.12 is hereby allowed and
permission is granted to carry out amendment as per Order Dtd.
27.09.2023 passed in Chamber Summons No. 376/2023.
No order as to costs.
Date : 17.10.2024 (R. S. Aradhye)
Judge,
City Civil Court,
Dictated on : 17/10/2024 Mumbai
Transcribed on : 18/10/2024
Signed on : 22/10/2024
-- 2 of 3 --
3 OBE 12Suit3250-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.10.2024 at 5.50 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI R. S. Aradhye
(C.R.No.62)
Date of pronouncement of Order 17/10/2024
Order signed by P.O. on 22/10/2024
Order uploaded on 22/10/2024
-- 3 of 3 --