Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT- 31
IN
Execution Application No.122 of 2022
IN
R.A.E.R. Suit No.607 of 1997
(CNR-MHSCA-30015062022)
Shri Austin Nazareth @ Namy Alex D’Silva ...Plaintiff.
Versus
Josef Gabut Gomes (since deceased)
Smt.Gracy Joseph Gomes and ors. ...Defendants.
Appearance:-
Shri Pandey K.D,...Ld.Advocate for the plaintiff.
Smt. Gonsalves Eventa,Ld. Advocate for the defendants.
Coram :- L. B. M. M. A. Syed,
Judge,
C.R.No.35[B.B.]
Date :- 29th November, 2025
ORDER :
The present application is filed by plaintiff for carrying out
amendment.
2. It is the contention of plaintiff that, he has filed the
Execution Application against the defendants for issuance of warrant of
possession as per the judgment and decree passed on 04.11.2004 in
R.A.E.R. Suit No.607 of 1997. It is further submitted that, during the
pendency of the suit, defendant No.2 died on 02.09.2025, and when
plaintiff came to know about the death of the defendant No.2 he applied
for the death certificate in in the office of Municipal Corporation. Hence,
plaintiff prayed delete the name of defendant No.2 from the cause title
of the Execution Application proceeding.
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3. The defendants have filed their reply on the overleaf of the
application and strongly resisted the same. It is further submitted that,
the defendant No.2 died on 02.09.2025, hence, the plaintiff has filed the
the present application. Further, defendant has prayed to necessary
order may pass in respect of the application filed by the plaintiff.
4. Heard both sides. Perused the record and proceeding. In the
present application, defendant No.2 died on 02.09.2025 therefore, it is
necessary to delete the name of defendant No.2 from the cause title. No
harm and prejudice would be caused to the defendant, if the application
is allowed as already the legal heirs of deceased defendant No.2 are on
record. Therefore, I don’t find any impediment to allow the application.
Hence, I pass the following order :
:: ORDER ::
1. The application is allowed.
2. The plaintiff is permitted to carry out
amendment by deleting the name of the
defendant No.2 from the cause title.
3. Both parties to take note.
(
Dictated and pronounced in open Court.)
(Syed L. B. M. M. A.)
Date : 29.11.2025 Judge, C.R. No. 35(B.B.)
Order dictated on :29.11.2025.
Order checked and signed on :29.11.2025.
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/November 2025/Misc. Orders/Exh 31 Exe Appln 122 of 2022 Amendment 29-11-2025.odt
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