Date: 21-01-2020
Business: Matter is called out at 11.07am
Adv.Jehan Lalkaka for plaintiff no.1 to 3 present.
Defendant in person present.
Plaintiff filed application Exh-7 for re-casting of issues. Plaintiff granted permission to register the same as C/S.
Application/unregister C/S is allowed and issue no.8 re-casted as under.
1.Whether defendant no.1 proved that plaintiff failed and neglected to his share of income in the trust.
2.The issue no.9 and 10 does not arises between the parties hence, issue no.9 and 10 are deleted.
The C/S is allowed in above terms and disposed off.
Plaintiff to bear cost of Chamber Summons.
Unregister Chamber Summons is disposed off accordingly.
The application Exh-7 is return to the plaintiff for registration as C/S.
Matter is adj to 05/03/2020 for cross-examination.
Later on at 12.29pm
Adv.Vaishali Ugale for defendant present.
Later on at 02.06pm
Adv.Jehan Lalkaka for plaintiff no.1 to 3 present.
Leter on at 5.20pm
Adv.Jehan Lalkaka for plaintiff no.1 to 3 present tendered registered C/S No.123/20. T.O.R
F.R.S.R following order is passed on C/S No.123/2020.
ORDER
1. Chamber Summons No.123 of 2020 is hereby allowed
2. Issue No.8 is to be re-casted as under.
Does the defendant no.1 prove that the plaintiff failed and neglected to pay defendant no.1 his share of income of the Trust.
3. Issue Nos.9 and 10 are to be deleted.
4. Plaintiff to bear cost of Chamber Summons.
5. Chamber Summons No.123 of 2020 is disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 21-01-2020