Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 2145 OF 2019
IN
L.C. SUIT NO.2435 OF 2014
(C.N.R.NO.MHCC010123192019)
Vijay Tukaram Nirbhavane )...Plaintiff
Versus )
Smt. Sakhubai Tukaram Nirbhavane )
and Ors. )...Defendants.
Appearance:
Ld.Adv.Mr. Sanjay S.Gawde for plaintiff.
Ld.Adv.Mrs.Dhuri for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 10/12/2019 (C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for deleting
the name of defendant no.1 in the proceeding. This chamber summons
resisted on behalf of the defendants by filing their reply. Heard both the
learned counsels on behalf of both the sides at length. Perused the
record.
2. On scrutiny of pleadings of both the parties, the plaintiff has
submitted that the defendant no.1Smt.Sakhubai Tukaram Nirbhavane
was his mother and she died on 04/04/2019. The death certificate of
deceased defendant no.1 to that effect is filed on record.
3. It is not disputed on behalf of defendants about the death of
-- 1 of 3 --
2
deceased defendant no.1. Admittedly, already the legal heirs of
deceased defendant no.1 is on record. Admittedly, there is 147 days
delay for filing this chamber summons. If this chamber summons is to
be allowed, then it will not cause any hardship on the part of remaining
defendants. Therefore, I inclined to allow this chamber summons.
Hence, I proceed to pass following order.
ORDER
1. Chamber summons No.2145/19 is hereby allowed subject to cost of
Rs.500/.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. The plaintiff shall deposit cost of Rs.500/ to DLSA, Mumbai.
4. Chamber summon No. 2145/19 is disposed off accordingly.
Date : 10/12/2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 10/12/2019
Transcribed on : 11/12/2019
Signed by HHJ : 12/12/2019
-- 2 of 3 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12/12/2019 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
10/12/2019
Judgment/order signed by P.O on 12/12/2019
Judgment/order uploaded on 12/12/2019
-- 3 of 3 --