Beena Sureshchandra Tendulkar +2 moreVsShri. Bhusan Sureshchandra Tendulkar

Date: 27-11-2018
Business: Matter is adjd. to.04.02.2019. for reply to Ch/s by deft no 2 and 3.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Plff.No.2 in person present.
deft. and his adv. absent.
As deft. has failed to file reply to Ch/sum, the Ch/sum shall proceed reply of the Ch/sum of the deft.
Matter is adjd. to. 19.03.2019 for hearing on Ch/sum No.2087/18 and W/S
Next Purpose: C/S  HEARING
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Plff.No.2 in person present.
Adv. for deft. present and has filed V/P on behalf of deft. t.o.r. He has also filed reply to Ch/sum No.2087/18 t.o.r Copy supplied to plff.No.2.
Matter is adjd. to.15.06.2019 for hearing on Ch/sum No.2087/18.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
Matter is adjd. to. 03/08/2019  for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Plaintiff no. 2 in person present.
Defendant present, his adv. absent.
KB
Adv. Durgesh Kulkarni  for deft. present.
Order on C/S No. - 2087/18 -
          Perused C/S, reply thereto and heard both sides. By instant C/S the plaintiffs have prayed to delete name of plaintiff  no. 3 from the plaint who died on 12-12-2017 leaving behind her present plaintiffs no. 1 and 2 and the deft. as her legal representatives. The deft has objected this prayer on the ground of delay. However, the plaintiffs merely want to delete the name of plaintiff no. 3 and therefore, the delay can be condoned which will not be prejudicial to any parties. Hence, the prayer to delete name of plaintiff no. 3 form the plaint is granted.
      The plaintiffs also want to add other averrments in the plaint which accordingly to them are necessary for determining real questions in controversy between the parties. Ld. adv. for deft. has submitted that the plaintiffs had every opportunity to make these averrments in the plaint and they can not now be permitted to add the averrments due to lack of diligence.
      I have carefully gone through roznama of this case. Trial of the case has not yet commenced. The  application for amendment shall be considered liberally.  The proposed amendment does not changed nature of the suit and necessary for deciding controversy between the parties. Therefore, C/S is allowed in terms of prayer clause (a). Amendment be carried out accordingly and copy of amended plaint be served to the defendant on or before next date.
Adjd to 07-03-2020  for compliance .
Nature Of Disposal: ALLOWED
Disposal Date: 18-01-2020

Main Case No: SUIT/0101264/2018
Main Cnr: MHCC010000892017
Main Filing No: 111447

Filing Number: 115387/2018
Filing Date: 19-11-2018
First Hearing Date: 27th November 2018
Decision Date: 18th January 2020
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE