Final Order 1

Order Details: Other
Pdf Text: 07/01/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
59
SU 8708/92
Adv Mr. Parth Zaveri present for plff. and filed death certificate of
deft No.1d Maryam with pursis in Ch/s No.1515/2019 and 98/2020.
None present for deft.
Heard argument of adv. for the plff in Ch/s No.1515/2019 and
98/2020. K.B.
L.O. at 4.05 p.m.
None appeared for defts and proposed legal heirs of deceased deft
No.1d. Deft No.1a-(ii)/ No.7 has already filed reply in Ch/s
No.1515/2019. It does not appear from the statements made in the
said reply that said deft and other defts No.1a-(i) to 1a-(iv) and 7
have denied that deft No.6 is one of the legal heir of deceased deft
No.1d. Their contentions is that besides deft no.6, deft No.1d is
survived by one more heir and legal representative by name
Hakimuddin Saifuddin Nullwala as elder son. Plff has taken out Ch/s
No.1515/2019 only for deleting the name of det no.1d and Ch/s
No.98/2020 is taken out by the plff for joining said Hakimuddin as
HLR of deceased deft no.1d. Ld. Advocate for the plff submitted that
plffs were not aware at the time of taking out of earlier Ch/s
No.1515/2019 that deceased deft No.1d is survived by one more legal
heir by name Hakimuddin and hence, the prayer in said Ch/s was
made only for deleting the name of deft No.1d as deft no.6 was
already party to the suit. He submitted that after the fact is brought
to the notice that Hakimuddin is also one of the legal heir of
deceased deft No.1d, plffs have taken out another ch/s No.98/2020.
The statements made in the affidavits filed in support of both the ch/s
about causing death of deft No.1d Maryam on 18.03.2019 are
supported by the copy of death certificate placed on record today by
ld. Advocate for the plffs. Since the cause of action appears surviving
to proceed with the suit against the HLRs of deceased deft no.1d,
being satisfied that the prayer made in ch/s No.1515/2019 is out of
inadvertence, both the ch/s ie. Ch/s No.1515/2019 and 98/2020 are
allowed as prayed.
Plaintiffs to carry out the amendment as per the schedule annexed to
Ch/s No.98/2020 and as is prayed in Ch/s No.1515/2019 within two
weeks from today.
Ld. Advocate for the plffs seeks date in the month of March by
submitting that parties may attempt for settlement if longer date is
given.
Matter is adjd. for compliance to 01.03.2022.
Judge
-- 1 of 1 --