Date: 02-07-2018
Business: adjd to 02-08-2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: Both the parties and advocate absent.
KB
LO at 12.10 pm
Adv Deepak Gaikwad for plaintiff present.
Adv Kajal Malkan for defendant no.9 present.
She filed undertakes to file vakalatnama on next date for defendant no.9.
Adjourned to 06.08.2018 for reply on ch/sum.
Next Purpose: C/S REPLY
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Adv Anil Chavan for plaintiff present.
Adv Pandya for defendant no.2,3,4,7,8 and 10 present.
Adjourned to 18.09.2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: Adv. Mr. Patel for Plaintiff Present.
Adv. Mr. Panday for defendant nos. 2, 3, 4 and 7, 8 and 10 Present.
Adv. Ms. Malkan for defendant no. 9 Present and filed Vakalatnama is t.o.r. and marked as Exh. 7.
Time is extended to register draft Ch/su.
Adjd to 08/10/2018 for tendering original ch/su
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. Mr. Tanvir Patel for Plaintiff Present andfiled Vakalatnama is t.o.r. and marked as Exh.8.ORDER Filed. Adv. Mr. Tanvir Patel for Plaintiff filed registered ch/su no. 1819/18 is t.o.r.Adv. Mr. Pandya for defendant nos. 2, 3, 4 and 7, 8 Present. Adv. Ms. Kajal for defendant no. 9 Present. Copy of Ch/su no. 1819/18 is served on defendants today. They seeks time to file reply. Time granted. Adjd to 04/12/2018 for reply to ch/su no. 1819/18
Next Purpose: C/S REPLY
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Adv. Ms. Tejal Pandya for Plaintiff Present.
Adv. Mr. Tanvir Patel for defendant Present.
K.B. at. 02.45 p.m.
L.O. 03.45 p.m.
Adv. Ms. Tejal Pandya for Plaintiff Present and filed adjournment application is t.o.r. and marked as Exh. 10 O Other side to say.
Adv. Palan with Adv. Patel for defendant Present.
Adv. for defendant Say filed on Exh. 10.
Order below Exh. 10 Granted.
Adjd to 30/01/2019 for hearing on N.M
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: P.O. is on Training
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Adv. Tejal Pandya for Plaintiff Present and seeks time to argue on N.M. No. 2239/18. I find suit is of 1982 and already evidence was recorded, so defendant is to argue his side and time will be granted to Plaintiff.
Adv. Palan for defendant Present
K.B. L.O. at. 03.30
Adv. Palan for defendant Present and submitted that, as his ch/su in 7885/2000 is allowed and legal heirs of defendant no.5 are to be brought on record. Then should also heard on N.M. for clubbing of both the suits, so he will argue after making necessary amendment in SU 7885/2000.
Adjd to 07/03/2019 for hearing on N.M
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Adv. Pandya for Plaintiff Present.
Adv. Tanvir Patel for defendant Present.
As Court is busy in recording evidence in part Heard Matter SU 8513/1992 and Order in ch/su 434/18 and dictating Judgment in SU 143/98.
Adjd to 15/04/2019 for hearing on N.M
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: P.O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. Patel for plff present.
Adv. Pandya for deft. no. 2,3,4, 7,8 and 10 present.
Adv. Ms. Kajal for deft. no. 9 present.
Registered ch/s 582/19 tendered on record.
Ch/a 582/19 is taken out by plff for adding the legal heirs of deceased deft.no. 2 on record of the suit and the necessary amendment to that effect. Affidavit in supply of ch/s reveals that deft. no. 2 has expired on 03.07.2017, however, the fact was informed by Adv. for such deft. no. 2 to the plff\''s adv. by letter dated 07.02.2019 and thereafter the ch/s is taken out on 27.02.2019 which is within reasonable and limitation time after knowledge of death of the party by the plff. The copy of death certificate of deft. no. 2 Chaturbhuj Wadhwani alongwith the letter dated 07.02.2019 by the deft\''s adv. to plff\''s adv. is placed on record.
The adv. for defts no. 2,3,4,7,8 and 9, 10 have not objected the ch/s. Such endorsements are made on ch/s itself. Though there ch/s is moved after about two years from death of deft. no.2, the delay needs to be condoned in view of submission about delayed intimation to the plff about such fact. Under such circumstances would survive to the deceased deft. no. 2 and the proposed legal heirs are required to be brought on record as deft. no. 2a and 2b in the suit.
Hence, the order as follows.
ORDER
1. Chamber summons no.582/19 is allowed
2. The delay in bring the legal heirs of deft. no. 2 is hereby condoned.
3. The proposed defendant no.2a and 2b are allowed to be brought on record in the suit.
4. The plaintiff to comply within 15 days.
5. Chamber summons is disposed of accordingly.
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The deft. no.9\''s adv. brought to the notice that n/m 2239/18 is pending in suit no. 9779/1982 for clubbing of this suit with said suit. She has paid for liberty to file her say on such aspect. Hence, the deft is at liberty to file her reply to the notice of motion 2239/18.
Adjd. to 10.07.2019 for n/m reply.
Next Purpose: REPLY
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: P.O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: P.O. is on Training.
Next Purpose: REPLY
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv for plaintiff Mr.Rajesh Ghag present.
Adv for deft no.2,3,4,7,8 and 10 Mr.Dharmesh Pandya present.
Adv for deft no.9 Ms.Nikita Lad present.
Adv for plaintiff prayed for extension of time by application to carry out amendment.
O-Time extended by 15 days.
Adv for plaintiff filed VP. T.O.R.
Adv for deft no.9 filed reply to N/M
Matter is Adjd for N/M 2239/18 Hearing to 19.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: P.O. is on half day Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv for plaintiff Mr.Rajesh Ghag present.
Adv for deft no.9 and 5A to 5C Ms.Nikita Lad present.
Adv for deft no.2,3,4,7,8 and 10 Mr.Dharmesh Pandya present.
Adv for plff.stated that amendment is carried out as per order in C/S.
O-Issue suit summons to deft no.5A, 5B, 5C, 2A and 2B.
Adv for deft no.9 and 5A to 5C filed VP. T.O.R.
Adv for plaintiff filed Affidavit of Service to deft no.2,3,4,7,8 and 10. T.O.R.
Matter is Adjd for Hearing to 17.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv for plaintiff Mr.Dharmesh Pandya present.
Adv for deft Mr.Rajesh Ghag present.
Heard Argument of Adv for plff and deft no.9,5A to 5C and deft no.2,3,4,7,8 and 10 on N/M 2239/18.
Matter is Adjd for N/M 2239/18 Order to 20.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Daily Board,
Adv for plaintiff Mr.Dharmesh Pandya present.
Adv for deft Mr.Pawan Sharma present.
F.R.S.R. Following order is passed
Notice of Motion No.2239 of 2018 is rejected.
Nature Of Disposal: OTHER
Disposal Date: 20-02-2020