Interim Order 1

Order Details: Order on Exhibit
Pdf Text: 1 Execution262021Exh8bring LRS.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 8
IN
EXECUTION APPLICATION NO.26 OF 2021
IN
R.A.E. SUIT NO.772 OF 2007
(CNR : MHSCA30002592021)
Shri Hasmukh N. Malkan … Plaintiff
V/s
Shri Balram K. Murdalia and anr. ... Defendants
And
Mr. Muruganandam Balram
Murdalia and anr. … Proposed defendants
Advocate for plaintiff : Mr. R. S. Karia and Smt. M. R. Karia.
Advocate for defendants : Mr. G. S. Gaud.
Coram : S. S. Kadam,
Judge, C.R.No.37 (B.B.),
Date : 01.02.2023
ORAL ORDER :
This is an application filed by plaintiff for setting aside
abatement and amendment as per schedule annexed to this
application.
2. According to plaintiff, defendant No.2 has filed his reply
to execution application. In said reply, he has mentioned that
defendant No.1 has expired and it is also mentioned the name of
proposed defendant Nos.1(a) and 1(b). The proposed defendants are
legal heirs and representative of deceased defendant No.1. Hence,
this application for amendment as per schedule annexed to this
application.
3. The proposed defendant has filed reply to this
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application and raised objection that defendant No.1 has expired
prior to passing decree. So the decree is not executable. So, there is
no question of bringing the heirs and representatives of deceased
defendant No.1 on record. Hence, prayed to reject the application.
4. I have heard both sides. On perusal of record, it appears
that there is no death certificate annexed to this application. But,
there is no dispute that defendant No.1 is not expired. In my view, to
decide the execution application on merit, it is necessary to bring
proposed defendants on record. Hence, I proceed to pass following
order :
ORDER
1. Application Exh.8 is allowed.
2. Delay in filing present application is
condoned and abatement if any is set aside.
3. Permission is granted to the plaintiff to carry
out amendment as per schedule annexed to
this application and supply amended copy of
Exh.1 till next date.
4. No order as to costs.
(S. S. Kadam)
Judge, C.R.No.37 (B.B.)
01.02.2023
Dictated on : 01.02.2023
Checked & signed on : 01.02.2023
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