Date: 23-02-2018
Business: Since the P.O. is on official training from 12.02.2018 to 24.02.2018, the matter adj. to 23.04.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: Adv. Aniket Ransube for plaintiff present.
Adv. D\''Silva for defendant present and tendered original notice of motion no. 550/2018 alongwith affidavit
He also filed second list of documents in support of affidavit of examination in chief on preliminary issue
Last chance granted to file say on the documents.
Matter adj. for Filing Say on Documents to 08.06.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-06-2018
Date: 08-06-2018
Business: Adv. Ransube for plaintiff present and filed say on the documents.
Adv. D\''Silva for defendant present.
Ld. Counsel for defendant has urged that the suit is not yet registered and two preliminary issues have been famed. He has also filed evidence on preliminary issues.
Ld. Counsel for plaintiff submits that the preliminary issues were framed by consent of both sides and the office objection regarding valuation of court fees is connected with the preliminary issue framed by this court regarding pecuniary jurisdiction.
It appears that the suit is under objections and is not yet registered. The main objection is that the prayer clauses (b) and (c) attracts court fees as these prayers seek declaration of share. Hence the Ld. Counsel for plaintiff to address this court on the issue of court fees and pecuniary jurisdiction on next date.
Matter adj. for Compliance to 14.06.2018 in second session.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-06-2018
Date: 14-06-2018
Business: Plaintiff with Adv. Dubhash for plaintiff present and filed application for withdrawal of the suit.
Adv. D\''Silva for defendant present.
The Ld. Counsel for plaintiff has filed application for withdrawal of the suit with liberty to file a fresh suit in respect of same cause of action.
The Ld. Counsel for defendant submits that earlier one suit no. 1690/2016 was withdrawn on 17.11.2017 and cost was imposed. Ld. Counsel for plaintiff points out that the earlier suit was not filed on the basis of Wills and the present suit was filed on the basis of Wills. He submits that there are some subsequent developments in the matter and suit requires comprehensive amendment. He therefore prays that instead of amending the suit which is not yet registered, the plaintiff wants to file a fresh suit. Hence the plaintiff is permitted to withdraw the suit with liberty to file a fresh suit. However since defendant had appeared and filed evidence on preliminary issue, the application is allowed subject to payment of costs of Rs.10,000/- to the defendant. The original document filed by the defendants be returned subject to furnishing photocopies and on the condition that said documents may be produced as and when directed by the court. Suit be registered for statistical purpose. Chamber summons or notice of motion, if any, is disposed of as infructuous.
Nature Of Disposal: DISMISSED
Disposal Date: 14-06-2018
