Ashok Awatsingh Matai And Sanjay Awatsingh Matal v. Vikram Chandur Hingorani And 33 ORS

8_LPETN_105_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 105 OF 2021 IN SUIT (LODGING) NO. 170 OF 2020 Ashok Awatsingh Matai and another ...

Petitioners/Plaintiffs vs.

Vikram Chandur Hingorani and others ...

Respondents/Defendants Ms. Shweta Singh, i/b. Yatin R. Shah for petitioners/plaintiffs. Mr. Z. A. Zariwala a/w. S. Z. Zariwala, i/b. MDP & Partners for respondent/defendant No.2.

CORAM : MANISH PITALE, J DATE : 04th JULY, 2023 P.C. :

.

The original plaintiffs are seeking leave under Clause XII of the Letters Patent for pursuing the suit. Learned counsel for the petitioners/plaintiffs submits that although amendment of the plaint was granted by order dated 13.01.2021, the petitioners were under the impression that leave was also granted. But the leave petition is still pending for orders, although in the case status, the leave petition is shown as disposed of. 2.

In order to obviate any further confusion in the matter, learned counsel for the petitioners submits that this Court may pass appropriate orders in the leave petition. It is submitted that substantial cause of action has arisen in jurisdiction of this Court and only one property is situated at Ajmer (Rajasthan).

Digitally signed by PRIYA KAMBLI Date:

2023.07.06 14:55:02 +0530 PRIYA KAMBLI 1/2

8_LPETN_105_21.doc 3.

This Court is of the opinion that sufficient cause is made out for allowing the leave petition.

4.

In view of the above, leave petition is allowed. 5.

It is further pointed out that application for interim reliefs, as well as application filed on behalf of defendant No.3 under Order VII Rule 11(a) of the Code of Civil Procedure, are pending before this Court. 6.

List all the pending applications for further consideration on 08.08.2023.

(MANISH PITALE, J) Priya Kambli 2/2