Full Order Text
Order 1 · 29 Jul 2025 · CNR MHSCA30000782022
Order Details: Order on Exhibit Pdf Text: CNR NO.MHSCA30000782022 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) ORDER BELOW EXH-09 IN M. APPEAL NO. 29 OF 2022 IN EXHIBIT NO. 11 IN RAD SUIT NO. 525 OF 2019 Mr. Mohammad Hasim Babubhai Shaikh ...Appellant/ (Orig. Plaintiff) Versus Mr. Anil Mukund Kamath & Anr … Respondents/ (Orig.defendants) Adv. Mr. Dinesh R. Pandey for the appellant Coram : Shri A. A. Ayachit Additional Chief Judge, & Shri D. R. Mali, Judge Court Room No. 41, Date : 29.07.2025 ORDER : - (Per Shri D. R. Mali, Judge) The present application is filed by the appellant for deleting the name of respondent No.2 /defendant No.2 from record as she died. 2. It is submitted by the appellant that respondent No.2 expired on 14.05.2023 and he came to know about the said fact from some reliable source. Hence, it is prayed to allow the application and the name of the respondent No.2 may be deleted from the title cause of the appeal. -- 1 of 2 -- Exh-15-Marji 108/23 2 of 2 Order 3. The application proceeded without reply of the respondents. 4. Heard learned Advocate for the appellant. We have gone through the record. 5. The death certificate of deceased respondent No.2 viz. Shashikala Mukund Kamath, shows that she died on 14.05.2023. After getting information about the death of respondent No.2 application came to be moved. Respondent No.2 has legal heir i.e. respondent No.1 who is already on record. Therefore, her name needs to be deleted. Thus, application deserves to be allowed. In result, we proceed to pass following order. O R D E R 1. The application is allowed. 2. The appellant is hereby permitted to delete the name of respondent No.2 by carrying out amendment . 3. The appellant to carry out amendment within 14 days from the date of this order. I Agree, (A.A. Ayachit), (D.R. Mali) Addl. Chief Judge Judge, C.R. No. 41 C.R. No. 41 Court of Small Causes,(B.B) Court of Small Causes,(B.B) 29.07.2025 29.07.2025/home/steno41/Desktop/CR-41/JULY-25/ORDER/EXH-9 -M APPEAL -29-2022 amendment.odt SVS -- 2 of 2 --