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Court Order

Final Order 1

CNR MHCC01012894201923 Aug 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 23 Aug 2021 · CNR MHCC010128942019

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0102206/2019
Rupchand Rajmalji Jain (Sancheti)-plff Smt. Pushpa Rupchand Jain and ors- Applicant Vs
Jayatilal Kalyanji Gada and ors
Date : 23-08-2021
Business : Adv. Rajesh Patil for plaintiff present. Adv. Ramchandran
for defendant No. 1 to 4 present and stated that has no
objection to allow the chamber summons. ORDER below
Chamber summons No. 2206/19 The chamber summons is
filed to bring legal heirs of deceased plaintiff expired on
03.09.2019. The chamber summons is supported by
affidavit of Dinesh Rupchand Jain. The xerox copy of death
certificate is annexed to the Affidavit in support of chamber
summons the plaintiff expired on 03.09.2019. The chamber
summons is filed on 02.12.2019. Therefore the chamber
summons to bring legal heirs on record is within limitation.
The deponent in affidavit on oath stated that applicant No. 1
to 4 are the only legal heirs of deceased plaintiff. The
deceased plaintiff filed the suit for declaration and
injunction. In the plaint it is stated that the deceased
plaintiff was bonafide purchaser of suit flat. The legal heirs
of plaintiff desires to proceed with the suit hence
considering the facts and reliefs sought they are required to
be impleaded in the suit. Hence pass following order
ORDER 1. The chamber summons is allowed. 2. The
prayer (a) of chamber summons is made absolute. 3.
Plaintiff to carryout necessary amendment within
limitation. 4. Accordingly, Chamber summons is disposed
of.
Nature of Disposal : ALLOWED
Disposal Date : 23-08-2021
COURT 04 ADDL SESSIONS JUDGE
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