Final Order 1

Order Details: Notice of Motion
Pdf Text: 23.10.2024
Sr. No. 1
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
Suit 8088/02
NM 4919/19
None present.
Order on NM 4919/19
The present is moved by defendant No.1 seeking direction to direct
hand written expert to attend the residence of defendant No.2 or
appoint the commissioner for taking specimen signature. No any
reply is filed by plaintiff. Perusal of the record reveals vide order
below Exh.28 application moved by plaintiff to refer disputed
signatures of defendant No.1 and 2 to hand written expert was
allowed on 16.06.2015. However, on 13.01.2021 Adv. Ravindra
Singh for defendants informed defendant No.2 died on 05.06.2020
due to Corona virus. In view of the said submission, the present NM
for obtaining signature of defendant No.2 through court
commissioner becomes infructuous. Hence, I proceed to pass
following order -
ORDER
1. NM 4919/19 is dismissed as infructuous.
2. NM 4919/19 is disposed of.
Order below Exh.01
Though death of defendant No.2 on 05.06.2020 was informed on
13.01.2021, however, till date no any legal heirs are brought on
record by the plaintiff. Hence, suit against defendant No.2
dismissed.
Matter is adjourned to 28.01.2025 for evidence .
Judge
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