Interim Order 2

Order Details: Order on Exhibit
Pdf Text: 1 Execution-49-2021-Exh-14-bring LRS-pltf.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 14
IN
EXECUTION APPLICATION NO.49 OF 2021
IN
R.A.E. SUIT NO.1262 OF 1989
(CNR : MHSCA3-000712-2021)
Ramajor Jagannath Yadav
Smt. Kaushalyadevi Ramajor Yadav
(since deceased deleted)
Ramkaran Jagan alias Jagannath Yadav
Shri. Harinarayan Ramkarn Yadav and ors. … Plaintiffs
V/s
Ramlochan Jamidarsingh (since deceased deleted)
Meera Ramlochan Singh and ors. ... Defendants
And
Kusumlata Shrikrishna Shukla and ors. …
Proposed defendants
And
Smt. Shivkali Harinarayan Yadav and anr. … Applicants
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 06.08.2024
ORAL ORDER :
Read application. No say filed. Heard. Perused the
record.
2. Perusal of record shows that the plaintiff No.1(f) died on
13.10.2023. This application is filed on 23.11.2023. However, this
being an execution proceeding, the question of bar of limitation does
not arise. More so, right to sue survives and the valuable rights of
both the parties are involved in this matter and accordingly, it would
be just and proper to adjudicate the matter on merits. For that
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purpose, it would be just and proper to allow the plaintiffs to bring
on record the legal heirs and representatives of deceased plaintiff
No.1(f), as prayed. Hence, following order is passed :
ORDER
1. The application is allowed.
2. The plaintiffs are allowed to make necessary
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.37 (B.B.)
06.08.2024
Dictated on : 06.08.2024
Checked & signed on : 06.08.2024
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