Final Order 1

Order Details: Other
Pdf Text: 14
13.09.2023
SU 8122/86
NM 2327/23
CS 955/19
CS 639/21
Exh. 63 & 64
CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
(C.R.NO.1)
Adv. Hardik Desai for plaintiff is present.
Adv. Tavadia for defendant no. 10a and 10b is present.
Heard the Ld. Advocate for plaintiff and defendants no. 10a
and 10b.
Order below Notice of Motion No. 2327/2023
Perused the notice of motion and heard both sides.
Defendants no. 10a and 10b have taken out present NM for
permission to file additional written statement by condoning
delay of 60 days caused in taking out NM. The ld. Advocate
for plaintiff asked to pass suitable order subject to imposing
of some cost.
In my view as the plaintiff has carried out amendment in the
plaint thus, it is necessary to give an opportunity to
defendant to counter the same by filing additional WS.
Thus, looking to this aspect I pass the following order
ORDER
1. Notice of Motion No. 2327/23 stands allowed and made
absolute in terms of prayer clause (a).
2. Notice of Motion stands disposed off.
The Ld. Advocate for defendant no. 10a and 10b filed
additional WS. It is marked as Exh. 63 & 64 respectively. O-
Read and recorded. Copy supplied to the plaintiff.
Heard the Ld. Advocate for plaintiff and defendant in
chamber summons no. 955/2019 and 639/2021.
Common order below Chamber Summons No. 955 /2019
and 639/2021
Both chamber summons were taken out by defendant no. 7
for seeking amendment. However, during pendency of suit
the defendant no. 7 died on 01.09.2022. The Lrs. of
defendant no. 7 were brought on record. However, they do
not want to proceed with the same. Hence, both chamber
summons stands disposed off for want of prosecution.
Matter adjd to 23.10.2023 for additional issues if any.
Judge
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