:1:

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IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY

ORDINARY

ORDINARY ORIGINAL CIVIL JURISDICTION

ORIGINAL CIVIL JURISDICTION

ORIGINAL CIVIL JURISDICTION

CHAMBER

CHAMBER

CHAMBER SUMMONS NO.1867 OF 2007

SUMMONS NO.1867 OF 2007

SUMMONS NO.1867 OF 2007

IN

IN

IN

APPEAL

APPEAL

APPEAL NO.736 OF 1999

NO.736 OF 1999

NO.736 OF 1999

IN

IN

IN

WRIT

WRIT

WRIT PETITION NO.1631 OF 1983

PETITION NO.1631 OF 1983

PETITION NO.1631 OF 1983

The Municipal Commisioner of

Greater Mumbai & Anr.

..Appellants

Vs.

Hari Shankar Hingu Mishra & Ors.

..Respondents

Mr.R.G.Ketkar with N.A.Shaikh for the Appellants.

Ms.Nisha Valani h/f.S.P.Kanuja for the Respondents.

CORAM

CORAM

CORAM :- DR.S.RADHAKRISHNAN &

:- DR.S.RADHAKRISHNAN &

:- DR.S.RADHAKRISHNAN &

ANOOP

ANOOP

ANOOP V.MOHTA,JJ.

V.MOHTA,JJ.

V.MOHTA,JJ.

DATE

DATE

DATE : 19TH MARCH, 2008

: 19TH MARCH, 2008

: 19TH MARCH, 2008

P.C.

P.C.

P.C.

1.

Heard the learned Counsel for the parties. By

this

Chamber

Summons,

the

Appellants

are

seeking

to

bring

on

record

the

legal

heirs

of

original

Respondent

No.1,

who

has

expired

in

the

year

2004.

However,

all

the

particulars

of

the

same

were

furnished

by

the

learned

Advocate

for

Respondent

No.1

only

subsequent

to

July,2007.

Thereupon,

the

Appellants

have

taken

out

this

Chamber

Summons

to

bring

on

record

the

legal

heirs

of

original

Respondent

No.1.

The

learned

Advocate

for

Respondent

No.1

did

not comply with the mandatory provisions of Order XXII

Rule 10-A of the Code of Civil Procedure.

:2:

2.

Perused the Notice of Motion and the

Affidavit-in-support

thereof.

For

the

reasons

stated

therein,

sufficient

cause

is

made

out.

There

is

no

case

of

inaction,

negligence

or

want

of

bonafide

on

the

part

of

the

Appellants.

Hence,

the

Chamber

Summons

is

made

absolute

in

terms

of

prayer

clauses

(a), (b) and (c). Amendment to be carried out within

a period of two weeks from today.

(ANOOP

(ANOOP

(ANOOP V.MOHTA,J.)

V.MOHTA,J.)

V.MOHTA,J.)

(DR.S.RADHAKRISHNAN,J.)

(DR.S.RADHAKRISHNAN,J.)

(DR.S.RADHAKRISHNAN,J.)