Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No.2215/19 in S.C. Suit No.3160/2013. 1 Order.
MHCC010128592019
Presented on : 09-12-2019
Registered on : 09-12-2019
Decided on : 29-09-2022
Duration : 02 years, 09 months,22 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2215 OF 2019
IN
S.C. SUIT NO. 3160 OF 2013
CNR NO. MHCC010128592019
Subhash Ghanshyam Bhande )...Plaintiff
Versus
Vinayak Ghanshyam Bhande & others )...Defendants
And
Smt. Vijaya Suresh Bhande and others )...Respondents
(Proposed Defendants)
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 29th September, 2022.
Shri Suresh More, Advocate for the plaintiffs.
Shri Mohan Shetty, Advocate for defendants no.1 and 2.
ORDER
1. The plaintiff has taken out this chamber summons to bring
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Ch/s No.2215/19 in S.C. Suit No.3160/2013. 2 Order.
legal representatives of deceased defendant no.3 on record as
defendants no.3(a) to 3(e). Perused chamber summons and proceeding
of the suit. Heard learned counsel Suresh More for the plaintiff and
learned counsel Shri. Mohan Shetty for defendants no.1 and 2.
2. On perusal of the record, it appears that defendant no.3
Suresh Ghanshaym Bhande died on 26.12.2015, as per death certificate
Exh.A annexed with affidavit in support. Present chamber summons to
bring legal heirs on record is taken out on 18.11.2019. Apparently,
there is delay of more than three years. Meanwhile, the suit is abated
against defendant no.3 due to failure of the plaintiff to take steps within
the period of limitation. Learned Counsel Shri.Mohan Shetty pointed
out inordinate delay in filing chamber summons and the aspect of
abatement. He has opposed the chamber summons by filing affidavit in
reply. The plaintiff has filed rejoinder and tried to justify the delay by
contending that the plaintiff was under impression that this court
pleased to proceed ahead in the matter exparte against defendant
no.3. As the suit is filed for declaration of ownership of the suit
premises, legal heirs of defendant no.3 are necessary parties to the suit
proceeding for pronouncing the decision on merit. Considering
necessity of making legal heirs of defendant no.3 as parties to the suit
proceeding, delay can be condoned by imposing reasonable costs by
resorting to Order XXII Rule 4(5)(b) of the CPC. Hence, I pass following
order:
ORDER
1. Chamber Summons No. 2215/2019 is made absolute
in terms of prayer clause (a) and (b) subject to costs
of Rs.1000/ payable to defendants no.1 and 2 or
their learned counsel.
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Ch/s No.2215/19 in S.C. Suit No.3160/2013. 3 Order.
2. The plaintiff is directed to carry out amendment in
the plaint as well as in NM No.856/2014 and NM
No. 879/2019 on or before next date of hearing.
3. Proceeding of Ch/s No. 2215/2019 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 29/09/2022. Mumbai.
1. Dictated online on : 29/09/2022.
2. Signed on : 30/09/2022.
4. Delivered to Certified :
Copy Section on
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Ch/s No.2215/19 in S.C. Suit No.3160/2013. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/09/2022. 4.30p.m. Miss K.M.Rana
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 29/09/2022
Judgment/Order signed by P.O. on 30/09/2022
Judgment/Order uploaded on 30/09/2022
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Ch/s No.2215/19 in S.C. Suit No.3160/2013. 5 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
/2022. p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order /2022.
Judgment/Order signed by P.O. on /2022.
Judgment/Order uploaded on /2022.
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