Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 11
IN
R.A.E. SUIT NO.339 OF 2022
(CNR : MHSCA3-000645-2022)
Smt. Chandrakanta Chamanlal Oberoi … Plaintiff
V/s
Samoon Fakhruddin Rassiwala and anr. ... Defendants
And
Tripat Chamanlal Oberoi … Applicant
And
Namrita Sharma alias Namrita Chamanlal
Oberoi and ors. … Respondents
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 07.02.2025
ORAL ORDER :
Read application. Despite giving sufficient opportunity,
the defendants or their advocate have not raised any objection by
filing their say. Heard. Perused record.
2. It is contention of the applicant that during pendency of
suit, plaintiff expired on 13.06.2024 leaving behind the applicant and
respondents. The present application is filed on 06.12.2024, which is
filed beyond limitation. However, right to sue survives. The applicant
and respondents are the only heirs and legal representatives of
deceased plaintiff. No harm, loss and prejudice will be caused to any
of the party, if application is allowed. Consequently, application is
allowed and the applicant is permitted to carry out necessary
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amendment in the title clause of application as per schedule annexed
with this application, within 14 days from the date of this order and
comply accordingly.
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
07.02.2025
Dictated on : 07.02.2025
Checked & signed on : 07.02.2025
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