The Notice of Motion was disposed of due to the 2nd defendant's death without him being replaced by his heirs. Plaintiffs were granted liberty to apply for reliefs after amending the plaint.
Notice of Motion disposed with liberty to plaintiffs to apply for reliefs after amendment to plaint.
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USJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.4003 OF 2008 IN
S.C.SUIT NO.1047 OF 1980
Smt. Laila Ibrahim Bharucha & Ors... Plaintiffs
V/s.
Nirmala Kantilal Shah & Anr.
Mr. Hatim i/by Nandalal Kothari & Sabir for the plaintiffs
None for the defendants
CORAM : S.C. DHARMADHIKARI, J. DATE : 7th SEPTEMBER, 2009.
P.C. :
1.The 2nd defendant is stated to be expired. He has
expired on 21st March, 2008. The heirs of the deceased have
still not been brought on record. Time was taken for that
purpose on 27th July, 2009 but till date, nothing has been
done. In these circumstances, Notice of Motion is disposed
off with liberty to the plaintiffs to apply for the same
reliefs after amendment to the plaint.
Smt. Laila Ibrahim Bharucha & Ors
Nirmala Kantilal Shah & Anr.
S.C. Dharwadhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court