Babulal Pareshwarji ThakurVsShrikant Manishankar Rele and Ors.

Date: 02-05-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Advocate Mr. M. G. Gawde for Plaintiff present
Advocate Mr. Vaidya for Defendant no.3 present and submitted that on next date he will file reply of Chamber Summons no.839/19.
Case is adjourned to 17/09/2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Advocate Gawde for Plaintiff present and filed affidavit of service of Chamber Summons upon all Defendants except Defendant no.8, t.o.r.  He also filed pursis informing court that he has written letter dated 22/07/2019 to advocate Defendant no.6 to inform address of Defendant no.8 because Defendant no.6 is mother of Defendant no.8
Defendant no.3 present and filed affidavit in reply to Chamber Summons no.839/19 t.o.r.
Defendant no.6 and 7 who are LRs of Defendant no.5 are on record but they have not filed reply to Chamber Summons no.839/19.
Case is adjourned to 07/11/2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Advocate Gawde h/f Adv. S. V. Pandey for Plaintiff present.
Advocate Vaidya for Defendant no.3 present
                   ORDER ON CHAMBER SUMMONS NO.839/19
This Chamber Summons is taken out by Plaintiff for setting aside abatement order passed against Defendant no.5 and to delete name of Defendant no.5 by condoninig delay of 10 days caused in filing this Chamber Summons.
Plaintiff has filed his affidavit in support of Chamber Summons contending that Defendant no.5 is reported to be dead on 02/01/2019 and LRs of Defendant no.5 i.e. Defendant nos.6,7 and 8 are already on record, hence Chamber Summons is necessary to be made absolute for deleting the name of Defendant no.5.
Defendant no.3 has resisted Chamber Summons by filing affidavit in reply contending that no proper reason is given for condoning the delay and Plaintiff has not made out the case for setting aside abatement.
Heard.  As already LRs of deceased Defendant no.5 i.e. Defendant nos.6 to 8 are on record I find that if the abatement against deceased Defendant no.5 will be set aside and if his name will be deleted from the Defendants array no prejudice will be caused to remaining Defendants. Hence, I proceed to pass following order -
                                  ORDER
1. Chamber Summons no.839 of 2019 is made absolute in terms of prayer clause (a) to (c).
2. Plaintiff is directed to make necessary changes in the plaint.
Case is adjourned to 19/12/2019 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 07-11-2019

Main Case No: SUIT/0105297/2004
Main Cnr: MHCC010038252004
Main Filing No: 111447

Registration Number: 100839/2019
Transfer Date: 02-05-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 104670/2019
Filing Date: 16-04-2019
First Hearing Date: 02nd May 2019
Decision Date: 07th November 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE