Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S 2203/19 (Suit 1220/16)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 2203/2019
(CNR NO.MHCC010128842019)
IN
S.C. SUIT NO. 1220/2016
Smt Kalpana Ashok Sonawane ..Plaintiff
V/s.
1. Smt. Savitribai Namdeo Sonawane
2. Smt Rajani Satish Sonawane (since deceased)
3. Vijay Namdeo Sonawane
4. Smt. Pushpa Baban Kamble
5. Smt. Shobha Suresh Gaikwad
6. Smt. Surekha Sanjay Kadam
7. Smt. Bharti Anand Khandagale .. Defendants.
Appearances :
Adv. Pratik Ingale for plaintiff.
Adv. Girish Joshi for defendants.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No.:03.
Date : 28.01.2022.
ORDER
1. Plaintiff has filed instant Chamber Summons for inclusion
of property owned by deceased defendant no.2 situated at D/8, 303,
Lulla Complex, Adharwadi Jail Road Kalyan, KalyanDombivali, Kalyan,
Thane since there are no legal heirs after her death.
2. It is contended by the plaintiff that, she has filed instant
suit for partition and separate possession of the properties mentioned in
the schedule. It is contended that, deceased defendant no.2 was widow
of Satish Sonawane. Defendant no.2 died intestate without having any
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2 C/S 2203/19 (Suit 1220/16)
issue to succeed her properties. Therefore, her residential flat should be
included in the suit property, to be divided amongst the parties. Hence,
the plaintiff prayed for allowing the chamber summons.
3. Per contra, defendants opposed the chamber summons by
filing reply. They have not disputed that the deceased defendant no.2
expired intestate having no issues, however they have disputed for
inclusion of the suit property in the common pool on the ground that,
the said flat was purchased by deceased defendant no.2 out of the
proceeds received by her on account of death her husband and
defendant no.1, being mother, is sole owner and legal heir to succeed
the said flat. Therefore, the defendants prayed for rejection of the
chamber summons.
4. Heard both the sides. Defendants also tendered written
submissions in support of their arguments. The plaintiff, who is
daughterinlaw of defendant no.1 filed instant suit for partition of the
properties of her deceased fatherinlaw Namdeo Sonawane.
5. The plaintiff filed present Suit on behalf of her husband as
next kin because her husband is suffering from multiinft state and
Schizophrenia. It is not in dispute that, the defendant no.2 was widow
of one of the sons of Namdeo Sonawane and she died intestate having
no issues. Prima facie, it appears that, her estate will be divided as per
Sec.16 of Hindu Succession Act amongst heirs of her husband i.e.
parties to the present suit. Therefore, I am of the view that, the flat
owned by deceased defendant no.2 and any other properties shall be
included in the present suit. The entitlement as to the share of parties
shall be decided at the end of the trial. Therefore, chamber summons
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needs to be allowed. Thus, I proceed to pass following order:
ORDER
1. Chamber Summons No.2203/2019 is allowed in terms of
prayer clause (a).
2. Property owned by deceased defendant no.2 situated at D/8,
303, Lulla Complex, Adharwadi Jail Road Kalyan, Kalyan
Dombivali, Kalyan, Thane be included in the suit properties.
3. The plaintiff to carry out necessary amendment within 14
days from the date of order.
4. Parties are at liberty to carry out consequential amendment to
their pleadings.
5. Parties to bear their own costs.
6. Chamber summons disposed of accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 28.1.2022 Greater Bombay (CR 03)
Dictated on : 28.1.2022
Typed on : 28.1.2022
Signed on : 29.1.2022
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4 C/S 2203/19 (Suit 1220/16)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Date 29.1.2022, at 3.05 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 28.1.2020
JUDGMENT/ORDER signed by P.O. on 29.1.2020
JUDGMENT/ORDER uploaded on 29.1.2020
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