This single-line order made a Chamber Summons absolute to delete the name of the deceased co-executor from a suit, directing expedited hearing.
Chamber Summons made absolute for deletion of deceased plaintiff's name; parties directed to file draft issues within two weeks.
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GAG
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION.
C.S.T.No.24 Of 2013
IN
T.S. No.88 Of 2012 IN T.P. No.378 Of 2004.
Kalyan Dwarkadas Padgaon
.. Applicant.
Sunanda Chavan .. Ori.Petitioner (Plff.No.2)
Versus
Ajay Dinanath Padgaonkar .. Caveator / Defendant.
Appearance =>
Mr. Nikhil Jayakar i/by Madhukar Haramwar, Advocate for the Applicant.
Ms. Priyanka Fadia i/by Mr. S. Fadia, Advocate for the Respondent.
Coram => R.D. Dhanuka, J. Date => 2nd July, 2013.
P.C. :-
This Chamber Summons has been taken out by the plaintiff No.2, who is the sole surviving executor for deletion of name of plaintiff No.1, who was co-executor and has expired. Death certificate of Sunanda Sadanand Chavhan annexed to the Chamber Summons indicates that the first plaintiff has expired on 31st July, 2012.
(2) The Chamber Summons is accordingly made absolute in terms of prayer (a). In view of the fact that executor as well as caveator and attesting witnesses being Senior Citizens, hearing of the Suit is expedited. Both the parties are directed to file draft Issues within two weeks from the date of this order. Place the matter for hearing on 23rd July, 2013.
( R.D. Dhanuka, J.)
Kalyan Dwarkadas Padgaon
Ajay Dinanath Padgaonkar
R.D. Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
