Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S No.2186 of 2019
CNR:MHCC010126632019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
CHAMBER SUMMONS NO.2186 OF 2019
IN
S.C.SUIT NO.2153 OF 2017
Shri Anant Suresh Khedekar .. Applicant
In the matter of
Shri Anant Suresh Khedekar .. Plaintiff
V/s.
1. Kamalakar Suryakant Patkar
& Ors. .. Defendants
Appearance:
Adv. Ajay Yadav for plaintiffapplicant.
Adv. Smt. Vidya Vyavahare for MCGM.
Adv. Tipse for defendant No. 1 and 3.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 14/12/2022.
ORDER
1 This Chamber Summons is taken out by the
plaintiff/applicant for deleting the name of deceased defendant No.2
from the cause title and proceeding of the suit and for carrying out
necessary amendment in the suit with the prayer for condonation of
delay in taking out Chamber Summons.
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2 C/S No.2186 of 2019
2 Chamber Summons is replied and opposed by the
remaining defendants.
3 Heard respective advocates at length and perused the
record.
4 It is submitted by the plaintiff that during pendency of the
suit, defendant No.2 expired on dt.9/11/2018 and after his death,
defendant No.1 and 3 are continuing to occupy the suit flat illegally
without having any right, title and interest in the suit flat. Due to death
of defendant No.2, there has been change in factual circumstances of
the case. This Chamber Summons is taken out for deletion of name of
deceased defendant No.2 and consequent amendment to the suit plaint.
5 It reveals from the record that the remaining defendants
have not disputed this fact that defendant No.2 is no more. Above all,
plaintiff wants to delete name of defendant No.2 from the array of
defendants. The entire relief has been claimed against defendant No.1
to 3 and therefore, in consequence of death of defendant No.2, the suit
pleadings ought to have been amended by the plaintiff. Plaintiff does
not want to add LRs of deceased defendant No.2 on record. Per contra,
it is submitted that defendant No.1 to 3 were allegedly in occupation of
the suit premises and after death of defendant No.2, occupancy is
continued by defendant No.1 and 3. Therefore, plaintiff is inclined to
delete the name of defendant No.2 from the array of defendants. Since
the prayer is not vitally opposed by the remaining defendants and
unless the name of deceased defendant No.2 is deleted from the record,
suit proceedings cannot be continued. The amendment is justified to
that effect.
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3 C/S No.2186 of 2019
6 Hence, considering the above circumstances, I hold that the
Chamber Summons for amendment in the suit plaint deserves to be
allowed in the interest of justice.
7 Resultantly, I proceed to pass following order.
ORDER
1 Chamber Summons No.2186 of 2019 is made absolute.
2 Plaintiff/applicant is permitted to delete the name of
deceased defendant No.2 from the cause title and proceeding of the suit
by way of carrying out amendment as per schedule A annexed to the
Chamber Summons on or before next date.
3 Consequential amendment, if any, is allowed.
4 Chamber Summons is disposed off.
Date:14/12/2022.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Gr.Mumbai.
Dictated on :14/12/2022.
Typed on :14/12/2022.
Signed on :14/12/2022.
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4 C/S No.2186 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/12/2022 11.47 a.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
14/12/2022.
JUDGMENT/ORDER signed by P.O.on 14/12/2022.
JUDGMENT/ORDER uploaded on 15/12/2022.
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5 C/S No.2186 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
(Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
JUDGMENT/ORDER signed by P.O.on
JUDGMENT/ORDER uploaded on
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