Final Order 1

Order Details: Chamber summons
Pdf Text: 09.02.2023
Sr. No. 49
SU 722/14
CS 40/22
CS 2153/19
CS 686/21
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Adv. Chetan Yadav for plaintiff present.
Adv.Vaishali Sharma for defendant no 3 and 4 present.
Counsel of plaintiff submitted that the original plaintiff is died and
her one legal heirs Akhil Manojkumar Asara is also died. Who is
applicant in CS No.686/2021. The another CS 2143/2019 is taken
out for bringing LR'S of defendant no. 2 on record and CS NO.
40/2022 is taken out for bringing LR'S of defendant no. 1 on record.
The plaintiff has added one prayer in prayer clause (b) in C.S.No
2153/19 for modification of order dated 26.04.2016 in CS.NO.
1496/14 and 1497/2015. However it is separate issue therefore
plaintiff is liberty to take out separate necessary proceeding. These
three CS are deserved to be allowed to the extent of to bringing LR'S
of Defendant no. 1 and 2 and the extent of applicant no. 1 in CS No
686/2021 for bringing LR's of plaintiff on record as the applicant no.
2 in CS is died. In the peculiar circumstance of the case, I am of the
view that delay if any caused in bringing Lrs on record also deserves
to be condoned. Hence I proceed to pass following order.
1) Chamber summons NO. 2153/2019,686/2021 and 40/2022
are allowed in following terms.
2) Applicant no. 1 Apurva Manojkumar Asara in CS 686/2021
is permitted to bring himself on record as a LR's of plaintiff.
3) The CS 2153/2019 AND 40/2022 is allowed to the extent
bringing LR'S on defendant no. 1 and 2 on record the plaintiff is
permitted to amend the plaint to that extent.
4) Plaintiff to carry out amendment within stipulated period.
5) C.S. NO. 2153/2019,686/2021 and 40/2022 are disposed of
accordingly.
Delay if any, in bringing LR'S on record stands condoned.
Matter stands adjourned to 10.04.2023 for compliance.
Judge
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