Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT – 19
IN
EXECUTION APPLICATION NO. 33 OF 2022
(CNR No. :- MHSCA3-000320-2022)
IN
R.A.E. SUIT NO. 331/715 OF 2004
1. Shri Vinaykumar P. Sadh and Ors., ... Plaintiffs/
Decree Holders.
Versus
Smt. Bhartiben Dineshchandra Saiya, ... Defendant/
Judgment Debtor.
And
1. Mrs. Raj Rajeshwari Vinaykumar Sadh and Ors. … Applicants.
Apperance:-
Mr. R. P. Dwivedi …. Ld. Advocate for the Applicants.
Coram: R. R. Kale,
Judge, C. R. No. 36.
Date : 23/02/2026.
ORDER:-
Present application is taken out by the applicants for
permission to carry out amendment in the execution petition as per
schedule.
2. The applicants in their application in brief submit that, on
account of reasons stated in the application, since the decree holder
No. 1 has expired on 02/11/2025 i.e. during pendency of the
execution petition, they may kindly be permitted to delete his name
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/23-02-2026/EXH-19 Exe. Application 33 of 2022 - bring legal heirs of deceased plaintiff on record.odt KCP
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2 EXH-19 Execution Application No. 33 of 2022
and bring their names on record of the execution petition as they are
his legal heirs. Hence, they may be allowed to carry out the
amendment in the main execution petition as per schedule annexed
to the application. Lastly, they have prayed for allowing their
application.
3. The judgment debtor has filed her reply on overleaf of the
application and strongly objected the prayer of the application.
Further she leave to the order of the Hon’ble Court.
4. Heard Ld. Advocate on behalf of the decree holders at
length. The Ld. Advocate on behalf of the judgment debtor failed to
argue the present application and hence, this application shall
proceed without her argument.
5. Perused the record and Roznama. The perusal of
application, say and the copy of the death certificate of deceased
decree holder No. 1 go to show that, the original decree holder No. 1
has expired on 02/11/2025 and the present application is moved by
the applicants on 20/12/2025. Article 120 of the Limitation Act,
1963 provides the statutory period of 90 days to bring the legal
representatives/legal heirs of a deceased plaintiff or of a deceased
defendant from the date of death of such plaintiff or defendant as the
case may be.
6. Thus, it appears that, application is filed within law of
limitation. Moreover, the fact of death of original decree holder No. 1
on 02/11/2025 is not in dispute. The fact is that, the right to sue
survives to the surviving legal heirs of deceased decree holder No. 1
as mentioned in the application. Therefore, in this backdrop
application can be allowed. Thus, the order follows:-
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/23-02-2026/EXH-19 Exe. Application 33 of 2022 - bring legal heirs of deceased plaintiff on record.odt KCP
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3 EXH-19 Execution Application No. 33 of 2022
: ORDER :
1. Application vide Exh. 19 stands allowed.
2. The applicants are allowed to carry out the necessary
amendment in the main execution petition as per schedule
annexed to the application on or before next date.
3. The copies of amended execution petition be filed on record
as well as be supplied to the other side.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 23/02/2026. Judge, C. R. No.36.
Order dictated on computer : 23/02/2026.
Order checked & signed on : 23/02/2026.
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/23-02-2026/EXH-19 Exe. Application 33 of 2022 - bring legal heirs of deceased plaintiff on record.odt KCP
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