Interim Order 2

Order Details: Order on Exhibit
Pdf Text: CNR NO.MHSCA30008172024
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
ORDER BELOW EXH-7
IN
A1 APPEAL NO. 63 OF 2024
IN
RAE & R SUIT NO. 598 of 1997
Shri Chintaman Narayan Tambe through his
C. A Smt. Seema Chintaman Tambe
...Appellant/
(Original
defendant)
Versus
Smt. Aparna Arvind Ambekar … Respondent/
(Original plaintiff)
Adv. Rameson S. Dias for the appellants.
Adv. Nitin S. Tungare for the respondents
Coram : Shri Ashish A. Ayachit
Additional Chief Judge,
&
Shri Dipak R. Mali, Judge
Court Room No. 41,
Date :16.02.2026
ORDER : - (Per Shri Dipak R. Mali, Judge)
This is an application filed by the appellant/Original
defendant to bring on record legal heirs of the respondent/original
plaintiff Smt. Aparna Arvind Ambekar in A1 Appeal no. 63 of 2024
by deleting name of the deceased respondent.
2. It is submitted by the appellant/original defendant that
respondent expired on 27.07.2024 leaving behind the proposed
respondent Nos.1 (a) to 1(e) as her legal heirs and representatives,
hence, it is necessary to bring on record her legal heirs and
representatives. Hence, it is prayed that the application may be
allowed.
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2 of 2 Order
3. The Advocate for proposed respondents objected the
application.
4. Heard learned Advocates for both the parties. Perused record.
5. Admittedly, respondent expired on 27.07.2024 leaving behind
proposed respondent Nos.1(a) to 1(e) as her legal heir and
representatives. Right to sue survives against the legal
representatives of deceased. Hence, it is necessary to bring on them
on record. The application is within limitation. No prejudice will be
caused to the other side. Thus, application deserves to be allowed.
In result, we proceed to pass following order.
O R D E R
1. The application is allowed.
2. The appellant is hereby permitted to bring on record
legal representatives of deceased respondent by
deleting her name and to carry out amendment in
the title clause of A1 Appeal No. 63 of 2024 .
3. The appellant to carry out amendment on or before
next date and submit the amended copy of appeal
memo .
I Agree,
(Ashish A. Ayachit) (Dipak R. Mali)
Addl. Chief Judge Judge,
C.R. No. 41 C.R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
16.02.2026 16.02.2026
/home/steno41/Desktop/CR-41/2026/FEBRUARY/ORDER/EXH-7-A1 Appeal 63-2024 AMENDMENT.odt Shubhada Shanbhag
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