Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.219719 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO.2197 OF 2019
(CNR NO. MHCC010127472019)
in
L.C. SUIT NO. 763 OF 2013
Mr. Abdul Karim Haji Ahmed
An adult, age & Occ.Not known, having
address at 2nd Floor, (Left wing), Rustom
Manzil, 27, Nawroji Fardonji Road, Colaba,
Causeway, Mumbai 400 039. .....Plaintiff
Versus
1 Municipal Corporation of Greater
Mumbai, A Body incorporated under the
provisions of MMC Act having its office at
Mahapalika Bhavan, Mahapalika Marg,
Mumbai 400 001, through Asst. Municipal
Commissioner, A ward, 134 E, Shahid
Bhagatsingh Road, Fort, Mumbai 400 001
2 Mrs. Gulshan Rohinton Irani
Aged about 62 years, adult, Indian
Inhabitant, residing at Rustom Manzil, 2nd
floor, Right Wing, 27, N.F. Road, Colaba
Causeway, Mumbai400 039 .... Defendants
And
1. Chettinte Valappil Zuhra
of Mumbai adult, Indian Inhabitant, aged
about 85 years
2. Fathima Abdul Karim, aged about 32
years
3. Muneeb Abdul Karim, aged about 21 years
4. Nabhan Abdul Karim, aged about 19 years
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CS No.219719 2
5. Hammad Abdul Karim, aged about 17
years
Through Chettinte Valappil Zuhra the
Applicant No.1 being the natural guardian of
the Applicant No.5 of
6. Ismail Abdul Karim, aged about__ years
7. Mohammed Ishaque, aged about __ years
8. Yahya Abdul Kari, aged about __ years
All are presently residing at CB House,
Perumba, Payyanur, Kannur, Dist, Kerala ....Applicants
CORAM: H.H.THE ADHOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 14th March, 2020.
Appearance:
Shri. Ravindra Singh, Advocate for Applicants.
Smt. Mansi Chikode, Advocate for defendant No.2.
Shri. Suryavanshi, Advocate for MCGM.
ORAL ORDER
1) Original plaintiff expired on 9/10/17 hence legal
representatives of the same moved this Chamber Summons for bringing
them on the recrd alongwith supporting affidavit. Application is supported
with death certificate issued by UAE Authority.
2) Regarding delay it is contended that the LRs were in UAE who
returned to Kerala in April 2018. Thereafter for the purpose of execution of
power of attorney and engagement of lawyer, etc. delay has been caused.
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CS No.219719 3
3) I have heard arguments of Ld Counsel Ravindra Singh
appearing on behalf of said LRs and Ld Advocate Mansi Chikode appearig
on behalf of defendant No.2.
4) It is true that on behalf of defendant No.2 Chamber Summons
is opposed but in the alternative cost has been prayed for. Considering
nature of litigation and rights of parties it appears justifiable to condone
said delay. The dominant purpose of allowing such application is to decide
controvery between parties finally on merits.
5) Considering peculiar facts and circumstances I procced to pass
following order in the interest of justice.
ORDER
1) The CS No.2197/19 stands allowed in terms of
prayer clause a and b.
2) The said LRs shall pay cost Rs.5,000/ to
defendant No.2 for causing said delay.
3) Said LRs shall pay cost today or till next date
and thereafter carryout necessary amendement
till next date by awarding delay.
4) Amended copy of plaint be given to other side.
5) If any LR is minor then Guardian of the same be
shown in the suit.
(S.C. Pathare)
Adhoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Direct typed on : 14/03/2020
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CS No.219719 4
Checked on : 14/03/2020
Signed by HHJ on : 14/03/2020
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CS No.219719 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 11.05.2019 at 1.48 p.m.
NAME OF STENOGRAPHER : Mrs. S.A. Shekade
Name of the Judge (With Court
Room no.)
HHJ Shri. S.C. Pathare
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
14.03.2020
JUDGMENT/ORDER signed by
P.O. on
14.03.2020
JUDGMENT/ORDER uploaded
on
11.05.2020 (due to lockdown could
not uploaded)
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