Allowed

lachmandas bhojraj makhija and Anr. v. janki bhojraj makhija and 9 Ors. and Mamatalachmandas Makhija and Anr. (Applicant)

Bombay HC22 Aug 2019CHS/819/2015

Case brief

AI extract

What is this about?

The Court allowed a Chamber Summons seeking to set aside the abatement of an appeal and condone a 150-day delay. The Applicants, as legal heirs of a deceased appellant, were joined on record, and leave for consequential amendments was granted upon consent of respondents. The related Notice of Motion stands disposed of.

What did the court decide?

Abatement of the Appeal set aside and delay of 150 days condoned. Applicants were added as Appellants Nos.1 and 2. Leave for consequential amendments granted.

lachmandas bhojraj makhija and Anr. Vs janki… — Civil Procedure and Limitation | Bombay HC (2019)

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4 chs 819 of 2015.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.819 OF 2015

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APPEAL NO.806 OF 2006 IN

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SUIT NO.2208 OF 1987

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Mamta Lachmandas Makhija and Anr. … Applicants in the matter of

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Lachamandas Bhojraj Makhija and Anr. … Appellants

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and

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Janki Bhojraj Makhija and Ors. … Respondents

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WITH NOTICE OF MOTION NO.1569 OF 2014 IN

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APPEAL NO.806 OF 2006 IN

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SUIT NO.2208 OF 1987

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Janki Bhojraj Makhija and Ors. … Applicants in the matter of Lachamandas Bhojraj Makhija and Anr. … Appellants and Janki Bhojraj Makhija and Ors. … Respondents

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Mr. Ramchandra N. with Mr. Tejjas P. shah i/by Narayanan and Narayanan, for Applicants.

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Mr. Satyan N. Vaishnav with Ms. Nupur J. Mukherjee i/by M/s. N.N.Vaishnawa and Co., for Respondent Nos.1 and 2.

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CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

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DATE: 22^nd AUGUST, 2019

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P.C.:

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The above Chamber Summons is taken out by the Applicants seeking an order setting aside the abatement of the

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SSP 1/2

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4 chs 819 of 2015.doc

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Appeal and seeking condonation of delay in fling the Appeal. It is further prayed that the Applicants who are the legal heirs of deceased Appellant No.1 be allowed to be brought on record. For reasons set out in the Afdavit in support of the Chamber Summons and also in view of the consent given by the Advocate appearing for Respondent Nos.1 and 2, the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c) which are reproduced hereunder :

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“(a) That the abatement if any, of the Appeal be set aside and any delay of 150 days in making the application in the facts and circumstances set forth be condoned;

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(b) That the Applicants herein be joined as Appellant Nos.1 and 2;

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The Chamber Summons is accordingly disposed of.

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In view of this order, Notice of Motion No.1569 of 2014 taken out by the Respondent Nos.1 and 2 stands disposed of.

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Appeal be placed for hearing on 19^th September, 2019.

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( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. )

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SSP 2/2

lachmandas bhojraj makhija and Anr. v. janki bhojraj makhija and 9 Ors. and Mamatalachmandas Makhija and Anr. (Applicant)

Case brief

What is this about?

What did the court decide?

lachmandas bhojraj makhija and Anr. v. janki bhojraj makhija and 9 Ors. and Mamatalachmandas Makhija and Anr. (Applicant)

Case brief

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What did the court decide?

What the court decided

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Coram

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