Ajay Gokuldas Shah And ANR v. John Edward Gomes And 11 ORS And Aziz H Parpia And 7 ORS (Prop.Defts)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 401 OF 2014 IN SUIT NO. 818 OF 1983
(1) Mrs. Rosy wd/o John Gomes & Ors.
.. Applicants In the matter between :
Ajay Gokuldas Shah & Anr.
.. Plaintiffs Vs.
John Edwerd Gomes & Ors.
.. Defendants ALONG WITH INTERIM APPLICATION NO. 1 OF 2019 IN NOTICE OF MOTION NO. 616 OF 2014 IN SUIT NO. 818 OF 1983
(1) Mrs. Roslyn W. Gonsalves & Anr.
.. Applicants In the matter between :
Ajay Gokuldas Shah & Anr.
.. Plaintiffs Vs.
John Edwerd Gomes & Ors.
.. Defendants And Aziz H. Parpia & Ors.
.. Respondents Mr. K.T. Kukreja a/w. Mr. Suraj l. Dube, Afesha Jain i/b Mr. Sharath Pai for applicants in both motions.
Mr. Snehal Shah with Ms. Kirtida Chandarana i/b Mahernosh Humranwala for respondent No.1 in both motions.
Mr.Sunil Patel i/b Sunil & Co. for respondent No.2 in both motions. Shraddha Talekar PS
2/2 903-ia-1-2019=nms-401-2014=nms-6162014.doc Mr. Meit Sampat i/b Little & co. for plaintiffs and for respondent No.3 in both notice of motions.
Mr. S.A. Jabbar i/b J.R. Vyas for respondent Nos. 6 and 7 in both motions. CORAM : N.J. JAMADAR, J.
DATE : 5TH NOVEMBER 2019 P.C.
1.
The applicants, who are the legal representatives of the defendant No.12, have taken out this application to delete the name of the respondent No.1-Aziz Habib Parpia, who has expired on 14th August 2019. A copy of the Death Certificate is annexed to the application. It is submitted that Shri Aziz Habib Parpia, the deceased respondent No.1 to these notices of motion, was not a party to Suit No.818 of 1983, wherein these notices of motion were taken out.
2.
In these circumstances, interim application stands allowed in terms of prayer clauses (a) and (b).
The applicants shall carry out necessary consequential amendment within two weeks from today.
The notices of motion be listed on 26th November 2019. The interim application stands disposed of accordingly. [ N.J. JAMADAR, J. ] Shraddha Talekar PS