Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 1
IN
R.A.D. SUIT NO. 152 OF 2022
(CNR-MHSCA-3000324-2022)
Shri Bharat Morarji Shah … Plaintiff
Versus
Shri Bastimal S. Jain … Defendant
Mr. G. S. Yadav, Ld. Advocate for Plaintiff.
Mr. S. S. Pandey, Ld. Advocate for Defendant.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 02/07/2024
ORDER :
On perusal of record, it appears that the advocate for
defendant i.e. Mr. Sabhapati S. Pandey has filed appearance memo
vide Exh. 13. Hence, it is necessary to issue notice to concern
advocate in view of appearance memo under what instruction he
has filed the appearance memo. In the present case, as per the
contention of plaintiff defendant is died. Hence, issue notice to
advocate Mr. Sabhapati S. Pandey on the address of the advocate
to furnish names and address of any legal heir of the defendant.
2. The Additional Registrar has filed reply vide Exh. 25
stating that due to heavy work she cannot be appointed for
defendant. But, considering Order 22 Rule 4(a) it is mandatory to
appoint Additional Registrar. Hence, Additional Registrar is
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hereby directed to give explanation under what provision she has
filed said reply.
3. On perusal of copy notice dated 23/08/2021 issued by
the plaintiff to defendant, it appears that the address of the
defendant is plot no. 24. Moreover, the plaintiff has also
mentioned another address of defendant. It means, the defendant
has two addresses. But, plaintiff has not mentioned the plot no. 24
in the address of defendant and also not mentioned another
address of defendant. Hence, it is necessary to once again issue
notice to the defendant or any legal heir found on the address on
the Court motion on the address of Plot No. 24, Moti Mahal
Building, Room No. 2, J.V.P.D. Scheme, Mumbai – 400 056 and
also at the address of 5, Gyan Nagar, L. T. Road, Borivali (West),
Mumbai – 400 092.
4. Moreover, on perusal of copy of report in L.C. Suit No.
6542 of 1992 it appears that the plaintiff has filed said suit against
defendants. In said suit the plaintiff has mentioned the correct
address i.e. Plot No. 24, Moti Mahal Building, Room No. 2,
J.V.P.D. Scheme, Mumbai – 400 056. On perusal of said case it
also appears that the plaintiff has also filed the said suit against
Natwarlal Patel. Hence, issue notice to Natwarlal Patel on the
address of Plot No. 24, Moti Mahal Building, Room No. 2, J.V.P.D.
Scheme, Mumbai – 400 056 to file name and address of the any
legal heir of the defendant.
5. Three different Bailiff be appointed to issue notice to
the defendant or legal heirs of the defendant found on the address
/home/steno36/7. P.K. Kharate/2024/7. July, 2024/Orders/02.07.2024/EXH-1 RAD 152 of 2022.odt KCP
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mentioned above i.e. two addresses of defendant and one address
of Natwarlal Patel.
6. Hence, at this juncture all above directions should be
complied by the Additional Registrar immediately without any
delay as such type of matters should not be decided without legal
heirs of the defendant and last option is only to appoint Additional
Registrar on behalf of the defendant in the present matter. It is
personal right of any person or as legal heirs to appear and fight
for the justice. Hence, Additional Registrar is directed to comply
the order immediately. Returnable on 23/07/2024. Copy of the
order be given to the Additional Registrar forthwith.
(P. K. Kharate)
Date : 02/07/2024 Judge, C.R. No. 36
Order dictated on : 02/07/2024
Order transcribed on : 02/07/2024
Order checked and signed on : 02/07/2024
/home/steno36/7. P.K. Kharate/2024/7. July, 2024/Orders/02.07.2024/EXH-1 RAD 152 of 2022.odt KCP
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