Interim Order 4

Order Details: Order on Exhibit
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MHSCA30009642022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 24
IN
R. A. E. SUIT NO. 388 OF 2022
Mr. VINAYKUMAR PREMPYARELAL SADH …Plaintiff
Versus
MRS. CHANDRIKABEN MUKESH CHAVAN …Defendant
AND
1. MRS. RAJ RAJESHWARI Wd/o VINAYKUMAR SADH & OTHERS
...Applicants/Prop. Plaintiffs
Mr. Shravan M. Vyas, Advocate for Plaintiff.
Mr. Jayesh Patel, Advocate for Defendant.
Mr. R. P. Dwivedi, Advocate for Applicants.
Coram : S. N. Godbole, Judge
Court Room No.33
Date : 25th February, 2026
ORDER
1. This is an application filed by the applicants to delete the
name of the deceased plaintiff since deceased and join them as
plaintiff Nos.1(a) to 1(c) being legal heirs of deceased plaintiff on
record as per schedule annexed with this application.
2. Perused the application and reply at Exhibit 25. Heard
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learned advocates for both sides.
3. Perusal of record, it reveals that this suit is filed for
eviction on the ground more particularly mentioned in the plaint.
Alongwith this application, copy of Death Certificate of plaintiff –
Vinaykumar Prempyarelal Sadh is annexed. It appears from said
copy of Death Certificate that the plaintiff died on 02.11.2025. It is to
be noted that defendants have not denied about death of plaintiff and
applicants as his legal heirs. This application is filed on 09.12.2025
i.e. within limitation.
4. Considering the nature of the suit and relation of
applicants with the deceased plaintiff, right to sue survives in this
suit. Therefore, it is necessary to delete the name of the deceased
plaintiff and to join his heirs and legal representatives as plaintiffs on
record. Thus, this application deserves to be allowed. Hence, I pass
the following order:-
ORDER
1. Application is allowed.
2. The applicants are permitted to delete the name
of deceased plaintiff from title cause of the plaint
and to carry out amendment as per schedule
attached herewith on or before next date.
( Dictated and pronounced in open Court. )
( S. N. Godbole )
Date : 25.02.2026 Judge, C. R. No.33
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