Suit dismissed due to non-appearance of plaintiffs after written notice. Plaintiffs' counsel discharged. Defendants' written statements taken on record.
Suit dismissed. Interim reliefs vacated. Defendants' written statements filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
3-S3839-95.DOC
Agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3839 OF 1995
Smt. Malanbai Ratilal Gandhi & Ors.…Plaintiffs
Versus
Kantilal Ratilal Shah and others…Defendants
Mr. Gautam Kanchanpure, i/by Mr. S.G. Deshmukh for the
Plaintiffs.
Mr. Shailesh Shah, Senior Advocate, with Ms. Jyotsna Pandhi, for
Defendant No.3.
Ms. Sonali Jain, i/by M/s. Khona & Kayser, for Defendants No.1
and 2.
Mr. H.C. Pimple, for Defendant No.4.
CORAM: G.S. PATEL, J DATED: 3rd April 2014
PC:-
1.Learned advocate for the plaintiffs states that he is still
unable to obtain instructions from his clients. Letters written to the
plaintiffs have been returned by four of the six plaintiffs as
“unclaimed”. The other two plaintiffs have not replied.
2.The suit is of 1995. It has repeatedly been listed on board. It
cannot be kept pending indefinitely.
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3-S3839-95.DOC
3.Mr. S.G. Deshmukh, is, in these circumstances, discharged
as an advocate for the plaintiffs.
4.Mr. Shailesh Shah, learned advocate for 3rd defendant,
makes an application that the 3rd defendant’s written statement be
taken on file. Similarly, Ms. Sonali Jain, learned Advocate for
defendants No. 2 and 3, states that the written statement of these
defendants is also ready. However, the 2nd defendant has passed
away. The written statements of the 1st and 3rd defendant are
permitted to be filed.
5.A notice has been recently issued that though a suit may be
listed for directions, if none appears for the plaintiffs the suit will be
dismissed. The names of the plaintiffs are correctly shown. None
appears when the plaintiffs’ names are called out. The suit is
dismissed. Interim / ad-interim relief, if any, granted earlier in any
interlocutory proceedings in this suit, shall stand vacated forthwith.
6.In view of this order, none of the pending notices of motion
survive and are disposed of as such.
(G. S. PATEL, J.)
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Kantilal Ratilal Shah
Defendants No.2
Defendants No.3
Defendant No.4
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court