Final Order 1

Order Details: Chamber summons
Pdf Text: 90
23/09/2021
SU.1882/17
Exh.12
CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
Adv Kalanke for plaintiff present and tendered application for
taking documents on record. TOR and marked as Exh.12.
Copy is served to other side.
Adv Smita Chavan for defendant nos.1 to 3/ MCGM present and
has given say on Ch/s No.2204/19.
Adv Smita Chavan for defendant nos.1 to 3/ MCGM and requested
for short adjournment to take instructions from officer of the
MCGM.
O Short adjournment is granted.
Adv Bhat for defendant no.4 present.
None for defendant no.5.
Heard advocate of plaintiff and defendant / MCGM on Ch/s
No.2204/2019. Hence, I pass the following order :
The advocate for plaintiff submitted that plaintiff Bhikubhai Patel
died on 26.07.2019. His LRs filed application to continue with the
Suit by amending the plaint. The advocate for defendant / MCGM
taken objection and prayed that application be rejected.
ORDER ON Ch/s No.2204/2019
Perused Ch/s, affidavit. Heard both advocates at length.
The subject matter of the Suit is immovable property. Plaintiff has
challenged the Notice issued u/s.354, therefore, right to sue
survives, therefore, there is a delay of 11 days in applying legal
heirs to file Ch/s, but in the interest of justice, delay is condoned.
The LRs of deceased plaintiff are permitted to continue with the
Suit. Plaintiff is also entitled for the consequential amendment in a
suit, therefore, prayer clause (a) of Ch/s No.2204/2019 is allowed.
Ch/s No.2204/2019 is stands disposed off accordingly.
Earlier order, if any, to continue till next date.
Adjd. To 12/10/2021 for compliance / NM hearing.
Judge
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