Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 2247-19 In S.C.Suit No. 4777- 2013
1 Date : 09.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 2247 of 2019
IN
S.C. SUIT NO. 4777 of 2013
(CNR NO.MHCC01 0130122019)
Sudhakar Lobhaji Ghaitadkay … Plaintiff.
Versus
Madhukar Lobhaji Ghaitadkar & Ors. ... Defendants
Appearances :
Adv.Aishwarya Tambe for plaintiff.
Adv.Girish Joshi for defendant no.1.
Adv.Laxmikant Shrimangale for defendant no.3.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 09.01.2020
ORDER
1. The plaintiff filed instant Chamber Summons for amendment
and bringing legal heirs of defendant no. 15 on record and to
delete the name of defendant no. 10 since he is deceased.
2. It is contended by the plaintiff that defendant no. 10 expired
on 16.06.2018. The legal heirs of defendant no. 10 are already on
record. The defendant no. 15 expired on 24.08.2019 leaving
behind her proposed legal heirs. The cause of action survive
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Chamber Summons 2247-19 In S.C.Suit No. 4777- 2013
2 Date : 09.01.2020
against legal heirs of the deceased. Therefore, they are necessary
parties. Due to the cardiac problem plaintiff could not file
Chamber Summons in time. Therefore, plaintiff prayed for
allowing the Chamber Summons.
3. The Chamber Summons is formally opposed by the
defendant. I have perused plaint. The plaintiff filed instant suit
for injunction against defendant no. 2 to 5 from delivering / or
handing over possession of the permanent alternate
accommodation. Hence, looking to the nature of the suit, it
appears that right to sue survive against legal representative of the
defendant no. 15. The legal representative of defendant no. 10 are
already on record. Hence, looking to the aforesaid circumstances,
in my view, Chamber Summons needs to be allowed. Thus, I
proceed to pass the following order :
ORDER
1. Chamber Summons No. 2247 of 2019 is hereby allowed.
2. Plaintiff to bear cost of Chamber Summons.
3. Chamber Summons No. 2247 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 09.01.2020 Gr. Bombay.
Dictated on : 18.01.2020
Transcribed on : 18.01.2020
Draft submitted on : 18.01.2020
Checked on : 21.01.2020
Signed on : 21.01.2020
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Chamber Summons 2247-19 In S.C.Suit No. 4777- 2013
3 Date : 09.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24/01/2020 at 5.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
09/01/2020
JUDGMENT/ORDER signed by
P.O. on
21/01/2020
JUDGMENT/ORDER uploaded
on
24/01/2020
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