Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 30
IN
R.A.D. SUIT NO. 273 of 2024
(CNR No. :- MHSCA3-000752-2024)
Mrs. Panna @ Pannaben Pravin Monani, ... Plaintiff.
Versus
1. Ms. Sunita Tarachand Laljani and Ors., ... Defendants.
Appearance:-
Mr. R. L. Dubey …. Ld. Advocate for the Plaintiff.
Mr. M. A. Chandan …. Ld. Advocate for the Defendants.
Coram: R. R. Kale,
Judge, C. R. No. 36.
Date : 13/08/2025.
ORDER:-
Present application is taken out by the plaintiff to delete
the name of the defendant No. 2 from cause title of the plaint and
application for injunction vide Exh. 10 and to carry out consequential
amendment.
2. The plaintiff in her application in brief submits that, the Ld.
Advocate for the defendant Nos. 1 to 8 by way of pursis dated
13/06/2025 has informed about death of defendant No. 2. However,
the pursis did not disclose about the heirs of deceased defendant No.
2. The plaintiff come to know that, the defendant No. 2 was
unmarried and expired on 28/05/2025 and she has no heirs behind
her. Therefore, the plaintiff be allowed to delete the name of
defendant No. 2 from cause title of the plaint and application for
injunction vide Exh. 10 and to carry out consequential amendment.
/home/steno36/8. R. R. Kale/2025/Orders/8. August, 2025/13-08-2025/EXH-30 RAD 273 of 2024 - to delete name and add another.odt KCP
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2 EXH-30 R.A.D. Suit No. 273 of 2024
Lastly, the plaintiff has prayed for allowing her application.
3. On the contrary, the defendant Nos. 1 to 8 have filed their
reply on overleaf of the application and submitted to leave to the
order of the Hon’ble Court.
4. The defendant No. 9 has also filed his say on overleaf of the
application and submitted that, the application is not filed in
prescribed time as per law and hence, it be dismissed with cost.
5. Heard both sides at length. Both parties have advanced
their arguments as per their respective contentions.
6. Perused the record and roznama. On perusal of the
application and say filed by the above defendants, it appears that, the
plaintiff intends to delete the name of deceased defendant No. 2 from
cause title of the plaint and application for injunction vide Exh. 10
by carrying out necessary amendment to that effect. Proposed
amendment appears to be of formal nature. Therefore, if it is
allowed, no prejudice would be caused to other side. Hence, in this
backdrop application can be allowed. Thus, the order follows:-
: ORDER :
1. Application vide Exh. 30 stands allowed.
2. The plaintiff is allowed to delete the name of deceased
defendant No. 2 from the cause title of the plaint and
application for injunction vide Exh. 10.
3. The plaintiff is allowed to carry out consequential
amendment accordingly within 14 days from the date of
order.
4. The copies of amended plaint and application for injunction
/home/steno36/8. R. R. Kale/2025/Orders/8. August, 2025/13-08-2025/EXH-30 RAD 273 of 2024 - to delete name and add another.odt KCP
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3 EXH-30 R.A.D. Suit No. 273 of 2024
vide Exh. 10 be filed on record as well as be supplied to the
defendants.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 13/08/2025. Judge, C. R. No.36.
Order dictated on computer : 13/08/2025.
Order checked & signed on : 13/08/2025.
/home/steno36/8. R. R. Kale/2025/Orders/8. August, 2025/13-08-2025/EXH-30 RAD 273 of 2024 - to delete name and add another.odt KCP
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