Date: 06-08-2019
Business: Advocate Mr. Anand Kandohi for Plaintiff present and filed registered Chamber Summons no.1044/2019 with affidavit in support and original writ of summons t.o.r. and submitted that MHADA and BMC are impleded in the suit by making amendment in the suit and hence this suit is necessary to transfer this suit to the Court having jurisdiction to try the suits either filed by BMC or filed against BMC and suits either filed by MHADA or against MHADA. Considering submissions, Registrar is directed to take necessary steps to transfer of this suit to appropriate Court.
One of the Legal Heir of Defendant no.1 Mr.Janak Chandrakant Shah present and filed notarized affidavit in respect of Chamber Summons no.1044/19, t.o.r. Copy of affidavit is served upon Plaintiff\''s advocate.
Case is adjourned to 01/10/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Mr. Anand Kandoli for the Plaintiff present.
Adv. Mr. Rochi Ramani for Defendant-2 present.
Adv. Ms. Mangal Kadam for Defendant-3 present.
Adv. Ms. Chandramore for BMC/Defendant no. 4 present.
Order passed below Ch/s no. 1044/19
This Ch/s has been taken out by the Plaintiff for brining on record legal heirs of Defendant no. 1. It appears that the Plaintiff has taken out Ch/s within 90 days from the date of death of Defendant-1. Proposed Defendant no. 1D has filed his reply wherein he has admitted proposed defts are legal heirs of Defendant no. 1 and admittedly father of proposed deft expired on 29.04.2019. Hence Ch/s no. 1044/19 is made absolute in terms of prayer clause (a). The Plaintiff is directed to carry out amendment, as per schedule annexed with Ch/s within two weeks from the date of order and further directed to furnish copies of amended plaint to the Defendants and also place on record amended copy of the suit plaint. Accordingly Ch/s no. 1044/19 stands disposed of.
After amendment issue writ of summons to proposed Defendant no. 1A to 1D on payment of process fee through bailiff of sheriff office and simultaneously by RPAD post or speed post.
Matter is adjd. to 25.11.2019 for compliance by the Plaintiff/ proof of service of writ of summons to 1A to 1D/ WS by Defendant-2 to 4
Nature Of Disposal: OTHERWISE
Disposal Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Mr. Anand Kandoli for the Plaintiff present.
Adv. Mr. Rochi Ramani for Defendant-2 present.
Adv. Ms. Mangal Kadam for Defendant-3 present.
Adv. Ms. Chandramore for BMC/Defendant no. 4 present.
Order passed below Ch/s no. 1044/19
This Ch/s has been taken out by the Plaintiff for brining on record legal heirs of Defendant no. 1. It appears that the Plaintiff has taken out Ch/s within 90 days from the date of death of Defendant-1. Proposed Defendant no. 1D has filed his reply wherein he has admitted proposed defts are legal heirs of Defendant no. 1 and admittedly father of proposed deft expired on 29.04.2019. Hence Ch/s no. 1044/19 is made absolute in terms of prayer clause (a). The Plaintiff is directed to carry out amendment, as per schedule annexed with Ch/s within two weeks from the date of order and further directed to furnish copies of amended plaint to the Defendants and also place on record amended copy of the suit plaint. Accordingly Ch/s no. 1044/19 stands disposed of.
After amendment issue writ of summons to proposed Defendant no. 1A to 1D on payment of process fee through bailiff of sheriff office and simultaneously by RPAD post or speed post.
Matter is adjd. to 25.11.2019 for compliance by the Plaintiff/ proof of service of writ of summons to 1A to 1D/ WS by Defendant-2 to 4
Nature Of Disposal: OTHERWISE
Disposal Date: 01-10-2019