Interim Order 1

Order Details: Order on Exhibit
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CNR NO.MHSCA-30010842023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.10
IN
EXECUTION APPLICATION NO.124 OF 2023
IN
R.A.E. & R. SUIT NO.146 OF 2019
Mr. Shyamdhar Jagdambaprasad Pandey . . Plaintiff.
Versus
Mr. K. K. Poojary . . Defendant.
Coram : A.S. Pandagle, Judge
C.R.No.37
Date : 19/9/2025.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of plaintiff for
permission to carry out amendment in execution application. By
filing present application it is contended that at the time of hearing
of the application Exh.7 and Exh.8 taken out by the defendant, the
defendant was expired at the address given in the death certificate.
For to execute the decree passed by this Court against the legal heirs
of the deceased defendant, it is necessary to carry out amendment in
the execution application. Therefore seeking permission to carry out
amendment as per schedule of amendment in the execution
application.
4. On the other hand, proposed defendants by filing reply
/home/steno37/ASP/Order/Sept-25/E-10-EA-124-2023 (amendment).odt
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strongly objected this application and contended that the Court be to
pass appropriate order.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings, by way of this application plaintiff seeking
permission to carry out amendment in execution application. As per
the contentions of the plaintiff he received information from the
defendant at the time of hearing of application Exh.7 and Exh.8 the
defendant expired. Therefore the plaintiff wants to execute the
decree against the legal heirs of the deceased defendant. Admittedly,
the defendant K. K. Poojary expired on 4/5/2025. The death
certificate is filed alongwith this application. Hence, for to execute
the decree against the legal heirs of the deceased defendant, it is
necessary to allow the plaintiff to carry out the amendment in the
execution application. Hence, I proceed to pass following order.
ORDER
1. Application is allowed.
2. The plaintiff is permitted to carry out
amendment in the Execution Application as
per Schedule given in this application, within
stipulated time.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 19/9/2025. Judge, C.R.No.37.
.
/home/steno37/ASP/Order/Sept-25/E-10-EA-124-2023 (amendment).odt
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