Interim Order 1

Order Details: Order on Exhibit
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CNR No. MHSCA-3000089-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 19
In
L. E. Suit No. 20 of 2023
Mrs. Gloria Gerard Moraes ….... Plaintiff.
V/s.
1. Mrs. Martha Carmen William Miranda & Ors. …... Defendants.
Advocate for the plaintiff : Mr. L. K. Singh
Advocate for the defendants : Mr. A. N. Rodrigues
Coram : P. K. Kharate,
Judge, C.R. No. 38 (B.B.)
Date : 25.02.2025
Oral Order :
The plaintiff averred that the advocate for the defendants
filed the precipe on 08/10/2024 alongwith death certificate of
defendant No. 1. The defendant No. 1 expired 13/08/2024 leaving
behind defendant No. 2 as her heir. Hence, prayed to delete the name
of defendant No. 1 from the cause title.
2. The say filed by the defendant No. 2 on the same
application stating that the defendant No. 2 is already on record.
3. Heard advocate for the plaintiff.
4. In the present case, on perusal of the pursis vide Exh. 18, it
appears that the defendant No. 1 is died on 13/08/2024. The present
application is filed on 03/12/2024. But the precipe filed by the
defendant’s advocate on 08/10/2024. Hence, the present application is
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within time. Hence, it is necessary to allow the application of the
plaintiff to delete the name of defendant No. 1. Hence, I pass the
following order.
:: O R D E R ::
1) Application Exh. 19 is hereby allowed.
2) Plaintiff shall carry out the amendment as
per the prayers.
3) The plaintiff shall produce the amended
copy of plaint to Court and other side within
prescribed period.
4) To carry out the amendment and the copy of
amended plaint should be produced
simultaneously.
5) Both parties to take note.
(Dictated and pronounced in the open court.)
(P. K. Kharate)
Date : 25.02.2025 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 25/02/25
Checked & Signed on : 25/02/25
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