The High Court dismissed an appeal challenging an order where the Prothonotary converted a Chamber Summons to a Chamber Order and condoned delay. The court found the summons was filed timely by heirs and upheld the Prothonotary's order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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APPL/16/2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.16 OF 2016 IN
NOTICE OF MOTION (L) NO.3301 OF 2015 IN
SUIT NO.76 OF 2012
Nirmala Mahendra Shah
….. Applicant.
(Original Defendant No.1)
V/s
Smt. Kavits Sandeep Shah
…..Respondent.
Mr. Ajit Karwande for the Appellant.
Mr. Onkar Gupte alongwith Ms Nisha Shah, Mr. Kalpesh Joshi for Respondent No.1.
CORAM: V. M. KANADE & REVATI MOHITE DERE, JJ.
DATE: 13th January, 2016
P.C.:-
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APPL/16/2016
condoned the delay caused in filing the Chamber Order. It is submitted that the Prothonotary & Senior Master does not have power to condone the delay and to allow conversion of Chamber Summons into the Chamber Order.
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APPL/16/2016
(REVATI MOHITE DERE, J.) (V.M. KANADE, J.)
bdpps
Nirmala Mahendra Shah
Smt. Kavits Sandeep Shah
V. M. Kanade
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
