Date: 30-11-2019
Business: Plaintiff no. 4 present.
Other plffs absent. Adv. for plff absent.
None for deft.
Registered ch/s 2133/19 @ affidavit filed by plff no. 4.
Adjd to 09.12.2019 for ch/s service.
LO
Adv.Rajashree for plff present.
Adv. Decanshi Sanghvi for deft present.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv. Rajashree Mahangale for plaintiff present.
Adv. A.S. for defendant present.
Matter Adjd for service of legible copies of Exh. A, B and C of affidavit of Chamber summons to the defendant to 07/01/2020.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Plaintiff no.4 present.
Adv. Sujit Kurup for defendant.
On the request of plaintiff the matter is adjd to 16.01.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Sujit Kurup for plaintiff present.
Plaintiff No.4 present.
Adv. Sanghvi for defendant.
Both the advocates submitted that the defendant expired on 14.12.2019 The plaintiff filed Draft Ch/s for bringing legal heirs of defendant on record. Leave granted to register. Copy is served on the advocate of the defendant.
Adjd to 30.01.2020 for Reply to Ch/s.
Next Purpose: REPLY
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Sujit kurup for plaintiff filed Register Ch/s 124/20 @ affidavit.
Adv. Sanghvi for defendant.
The chamber summons 124/2020 is for bringing the legal representatives of the deceased defendant on record and accordingly carry out the consequential amendment. As per para 96(3) of the chapter 7 of appendix 7 as mentioned in the Bombay city civil and sessions court rules, which have been identical to the civil manual, there is no need to issue prior notice to the legal representatives if the application for bringing them on record is within limitation. In the case in hand the defendant died on 14.12.2019 whereas the Chamber summons has been filed on 16.01.2020. Thus, the chamber summons for bringing the legal representatives on record has been filed within limitation. Resultantly, the chamber summons 124 of 2020 is allowed and permission is granted to the plaintiff to carry out the amendment in the plaint as prayed as per the schedule annexed to the chamber summons for bringing the legal representatives on record and the consequential amendments. The plaintiff to carry out the amendment in the plaint on or before next date. On carrying out the amendment in the plaint as granted issue summons in Form No.6 alongwith the copies of amended plaint and the documents to the legal representatives of the defendant. The chamber summons 2133 of 2019 be kept pending till appearance of the legal representatives of the defendant. The same chamber summons 2133 of 2019 be proceeded as per rules on appearance on the legal representatives. The chamber summons 124 of 2020 is disposed.
Adjd for compliance to 06-02-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: p.o. on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Plaintiff present. Adv. Sujit Kurup for plaintiff.
Time is extended for service of summons.
Adjd for service to 16-03-2020
Next Purpose: SERVICE
Next Hearing Date: 16-03-2020
Date: 02-03-2020
Date: 16-03-2020
Business: Matter Transfer from cr no 32.
None present.
Adjd to 07-09-2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Sujit kurup for plaintiff/applicant.
On his request adjd to 11-06-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: By precipe
NOB TOB
Adv Sujit Kurup present for the plaintiff.
None present for the defendant.
He filed application for taking matter on todays board TOR O- taken on board.
He filed affidavit to Ch/s No.2133/19
ORDER below Ch/s No.2133/19
The Ch/s is taken out by plaintiff\''s for change in the name of trust of cause title of the plaint and other relevant places. The second prayer is for deleting the name of original plaintiff\''s no. 2,3 and 6 to 10. It is pleaded by the plaintiff that the plaintiff\''s no. 2,3 and 6 to 10 are no more the trustees of the plaintiff no.1 trust. Hence, there is no purpose in keeping the names of this ex-trustees on record.
The trustee Mr.Ashadeep L.Dhage who filed affidavit in support of this Ch/s expired subsequent to the filing of the Ch/s. Hence, the contents of the Ch/s are supported now by the affidavit of Mr.Deepak H. Kale who is the present trustee.
So far prayer clause 3 in the schedule to the Ch/s is concerned, it is contrary to clause no.2 and hence cannot be granted.
Today authorized trustees for plaintiff and constituted attorney for defendants are present before me and they are submitting that the matter is settled amongst them.
In view of the above Ch/s No.2133/19 is allowed. Plaintiff is directed to carry out the amendment forthwith.
Ld advocate for the plaintiff submits that it is necessary to amend the title clause of unregister Ch/s which he placed before the Court on 20.09.2021. Accordingly, he is permitted to file application to that effect.
KB
LO
Ld adv for the plaintiff filed application for effecting amendment as per Ch/s No.2133/19 in the unregistered Ch/s filed by him on 20.09.2021. Today Power of attorney of defendants is present before the court and he waives the service of this Ch/s. He files no-objection for allowing this unregister Ch/s.
The Ch/s is taken out for amendment in the plaint effecting the names of new trustees in the title clause of the plaint and for the deleting the name of original deceased of plaintiff no.4. Mr.A.L.Dhage. One more prayer is to correct the name of defendant no.1d Smt.Vaishali Bhatlekar to Smt.Neha Bhatlekar. All the changes being administarial in nature and not objected by the CA of defendants, the Ch/s is allowed. Plaintiff to carry out amendment forthwith.
The Ch/s be register for statistical purpose.
Nature Of Disposal: ALLOWED
Disposal Date: 21-09-2021
