Sushant R.Acharya v. Nandkishore A. Acharya And ANR

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17. CHS 996-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.996 OF 2013 IN SUIT NO.1255 OF 2012 WITH NOTICE OF MOTION NO.1744 OF 2016 WITH NOTICE OF MOTION NO.1550 OF 2018 Sushant R. Acharya ...

Applicant/Plaintiff

Versus

Nandkishore A. Acharya And Another ...

Respondent/Defendants .....

Ms. Rajalakshmy Mohandas for the Applicant/Plaintiff. Mr. Shailendra S. Kanetkar for Defendant No.1. .....

CORAM : S.C.GUPTE, J.

DATE : 17 SEPTEMBER 2018 P.C. :

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It appears that the original claim in the chamber summons has already been granted by this court in as much as the Applicants have been joined as party defendants to the suit and appropriate orders are passed. The chamber summons is treated as disposed of. It appears that Defendant No.1 has died longtime back as noted in the order passed by this Court on 13 September 2017. The particulars of the legal heirs of the deceased have been duly furnished as also the death certificate of the deceased. The Plaintiff has not taken any step for

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17. CHS 996-13.doc bringing on record legal heirs of the deceased. The suit has, accordingly, abated against Defendant No.1. Learned Counsel for the Plaintiff submits that her client has been suffering from cancer and is seriously indisposed and as a result, he could not take steps. Be that as it may, as and when any application is moved by the Plaintiff for setting aside the abatement of the suit as against Defendant No.1, these aspects shall be considered by this court.

(S.C. GUPTE, J.) Rajesh Vasant Chittewan by Rajesh Vasant Chittewan Date: 2018.09.19 17:56:59 +0530