Interim Order 1

Order Details: Chamber summons
Pdf Text: ..1.. C/S. No.1109/2024 (SC No.3405/19)
MHCC010117632024
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO. 1109 OF 2024
IN
SHORT CAUSE SUIT NO. 3405 OF 2019
Aslam Jumerati Shaikh … Plaintiff
V/s.
1.Islam Jumerati Shaikh & ors … Defendants
CORAM : HER HONOUR JUDGE
SMT. H. C. SHENDE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 28th January, 2026.
Appearance :-
Mr. Kumbhat, Advocate for the plaintiff.
Mr. Jyotsna Kundankar Advocate for the proposed defendant No.3 and
4.
O R D E R
1. Present chamber summons taken out by the plaintiff with request
to allow them to delete name of deceased defendant No.3 and add the
word deceased in the title of the plaint and notice of motion. Further
requested to add name of defendant No.3(a) to 3 (e) as per schedule in
the place of original defendant No.3 in the title of the plaint and notice
of motion so also requested to allow him to add para 3a in the plaint.
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2. The chamber summons supported with the affidavit wherein it is
mentioned by the plaintiff that original defendant No.3A is mother of
plaintiff against whom the suit has been filed. The mother died on
21.01.2024 at Mumbai. However, the plaintiff came to know about it at
all through the intimation given by the other side on 14.03.2024.
According to the plaintiff the defendant No.1 and respondents are her
only legal heirs and representative of deceased. The plaintiff therefore
requesting to allow them to make amendment in the pleading and
Notice of Motion No.53/2020. The death certificate annexed with the
chamber summons.
3. Reply to the same filed by the defendant No.1. They raised
strong objection. It is contended by the defendant that plaintiff being a
biological son of deceased defendant No.3, was fully aware of demise of
his mother on 21.01.2024. However the plaintiff has dishonestly taken
the plea that no separate intimation of his mother’s death was given to
him. The chamber summons not taken within 90 days from the date of
knowledge of death of defendant No.3. Dishonest attempt made by
plaintiff to defend the chamber summons that may rejected with costs.
4. Heard both sides at length. Perused record.
5. The defendants have not denied death of defendant No.3 who is
mother of plaintiff. As per the plaintiff’s intimation of death of mother
was given to them by the defendant and thereafter the said chamber
summons was taken. It has also not been positively denied by the
defendants that the proposed defendants as per the schedule annexed
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with the chamber summons are not legal heirs or having concerned
with defendant No.3. The death certificate on record has admitted by
the defendant. The defendant No.3 is not alive. So far as delay in filing
the chamber summons is concerned that can be condoned. What is
necessary in law is that a proper and necessary parties must be taken
on record by deleting the unnecessary parties. The prayer made by the
plaintiff are within fourcorners of law. So far as delay or grievance of
defendant No.1 is concerned, that can be compensated, by imposing if
any reasonable cost to be paid by the plaintiff to the defendant.
However the court find it necessary to allow to carry out the
amendment as per the schedule annexed with the chamber summons.
Hence the court proceed to pass the following order;
O R D E R
1. Chamber Summons No. 1109/2024 in Suit No. 3405/2019 is
allowed.
2. The plaintiff is directed to carry out amendment in the plaint
and Notice of Motion as per the schedule within stipulated
time i.e. two weeks from the date of this order, subject to
payment of cost of Rs.500/- to the defendant No.1 within
these two weeks.
3. After compliance of the cost and amendment, the plaintiff
shall file verified amended plaint on record within two weeks
from the date of carrying, the amendment and compliance of
the cost and also served copy of the same on the other side
within the said two weeks.
4. The defendants thereafter are at liberty to file their additional
written statement within four weeks.
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5. No order as to cost.
6. The proceeding of Chamber Summons No. 1109/2024 in Suit
No. 3405/2019 is closed.
Date : 28.01.2026 (H. C. Shende )
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 28.01.2026
Typed on : 29.01.2026
Checked on : 29.01.2026
Corrected on : 30.01.2026
Signed on : 30.01.2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30.01.2026 at 3.05 p.m. ( Mrs.Prajakta K. More, Grade-1)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. H. C. Shende (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
28.01.2026
JUDGMENT/ORDER signed by
P.O.on
30.01.2026
JUDGMENT/ORDER uploaded on 30.01.2026
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