Disposed

Pannalal Jawatraj Sharma a Person of Unsound Mind v. Vipul Pannalal Sharma S/O. Pannalal Jawatraj Sharma and 7 Ors.

Bombay HC8 Aug 2019NMS/1553/2019

Case brief

AI extract

What is this about?

Sole order disposes of two interim motions. The court directs the plaintiff to file a formal application regarding the withdrawal of suit or appointment of a next friend for an unsound person. The pending interim applications stand disposed.

What did the court decide?

Interim applications No. 1556 and 1553 of 2019 disposed; plaintiff directed to file appropriate application.

Pannalal Jawatraj Sharma a Person of Unsound… — Civil Procedure and Limitation | Bombay HC (2019)

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s-902-19(901).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
SUIT NO.902 OF 2019

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WITH

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NOTICE OF MOTION NO.1556 OF 2019
WITH

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NOTICE OF MOTION NO.1553 OF 2019

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Pannalal Jawatraj Sharma
A person of unsound mind

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..Plaintiff

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Vs.

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Vipul Pannalal Sharma & Ors

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..Defendants

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Mr. Anuj Desai i/b Mr. Dattatray Adarkar for Plaintiff

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Mr. Dharam Jumani i/b RMG Law Associates for Defendant No.1

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Mr. Dinyar Madon, Senior Advocate, a/w Mr. Hashmit Trivedi, Mr. Mikhail
Behl and Mr. Rushabh Parekh i/b K. R. Parekh and Co. for Defendant No.2
Mr. Chirag Mody a/w Mr. Rishikesh Soni i/b Ashok Purohit and Co. for
Defendant No.3

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Dr. Birendra Saraf a/w Mr. Nausher Kohli i/b H. K. Law Associates for
Defendant No.4

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Mr. A. M. Patel for Defendant No.7

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Mr. Arsh Misra i/b M. V. Kini and Co. for Defendant No.8

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 CORAM : K.R.SHRIRAM, J.
 DATE : 8th AUGUST 2019

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P.C.:

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1Counsel for plaintiff states that the person who has filed the suit

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on behalf of Pannalal Jawatraj Sharma, a person of unsound mind, is yet to

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be appointed as next friend, and, therefore, seeks leave to withdraw the suit

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with liberty to approach the court after being appointed as next friend. Mr.

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Desai states that application is still pending, so plaintiff will file the suit after

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the application is disposed.

Meera Jadhav

s-902-19(901).doc

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2Mr. Madon opposes granting of any liberty. Mr. Madon states
that let plaintiff take out a formal application and defendants will file reply,
unless plaintiff is withdrawing the suit unconditionally.

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3 Therefore, plaintiff to take out appropriate application.

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4 Interim applications pending, i.e., Notice of Motion No.1556 of

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2019 and Notice of Motion No.1553 of 2019, accordingly stand disposed.

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(K.R. SHRIRAM, J.)

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Meera Jadhav

Pannalal Jawatraj Sharma a Person of Unsound Mind v. Vipul Pannalal Sharma S/O. Pannalal Jawatraj Sharma and 7 Ors.

Case brief

What is this about?

What did the court decide?

Pannalal Jawatraj Sharma a Person of Unsound Mind v. Vipul Pannalal Sharma S/O. Pannalal Jawatraj Sharma and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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Pannalal Jawatraj Sharma a Person of Unsound Mind Vs Vipul Pannalal Sharma S/O. Pannalal Jawatraj Sharma and 7 Ors.