Gokul Construction Co. v. Mohammed Azimuddin Sodawala And 79 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3219 OF 2010 GOKUL CONSTRUCTION CO.

)...PLAINTIFF V/s.

SHER MOHMMED AZIMUDDIN SODAWALA ) AND OTHERS )...DEFENDANTS WITH INTERIM APPLICATION NO. 3742 OF 2025 SUIT NO. 3219 OF 2010 WITH INTERIM APPLICATION NO. 1194 OF 2024 SUIT NO. 3219 OF 2010 WITH INTERIM APPLICATION NO. 4016 OF 2025 SUIT NO. 3219 OF 2010 WITH SUIT NO. 255 OF 2014 WITH INTERIM APPLICATION (LODGING) NO. 27686 OF 2025 SUIT NO. 255 OF 2014 WITH INTERIM APPLICATION NO. 3735 OF 2025 WITH WITH INTERIM APPLICATION NO. 1058 OF 2024 ARTI VILAS KHATATE WITH by ARTI VILAS KHATATE Date:

2026.02.04 20:43:53 +0530 avk 1/8

INTERIM APPLICATION NO. 3410 OF 2023 WITH INTERIM APPLICATION NO. 4017 OF 2025 Mr.Piyush Raheja a/w. Mr.Akash Loya, Ms.Jyoti Ghag and Mr.Shailesh Prajapati i/by Dua Associates, Advocate for the Applicant / Plaintiff in Suits No.3219/2010 and No.2532/2012.

Mr.Kshitij Shukla, Advocate for the Plaintiff in S/255/2014 and for the Defendant no.54 in S/3219/2010.

Mr.Maulik Tanna, Advocate for the Defendants no.1 to 27 in Suits No.3219/2010 and No.2532/2012.

CORAM

:

ABHAY AHUJA, J.

DATE :

4th FEBRUARY 2026 P.C. :

INTERIM APPLICATION (LODGING) NO. 27686 OF 2025 SUIT NO. 255 OF 2014 1.

None for the Applicant.

2.

It is observed that the Interim Application is on logding number. 3.

Let objections to the Interim Application be removed and registered number be obtained within a period of two weeks, failing which, the Interim Application to stand dismissed without further reference to this Court.

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4.

When the matter is called out, Mr.Piyush Raheja, learned Counsel, appears for the Applicant / Plaintiff and tenders across the bar a tabular chart containing service to the Defendants. 5.

From the chart it is gathered that Advocate Mr.Maulik Tanna appears for the Defendants no.1 to 27.

6.

Learned Counsel submit that since the Defendant no.28 has expired, he has been deleted from the array of parties. 7.

As regards Defendants no.29(a) to 53, Advocate Mr.Tejas Sanghrajka has been served, however, today none appears for the said Defendants.

8.

As regards the Defendant no.54, Mr.Kshitij Shukla, learned Counsel, appears and submits that two weeks' time be granted to file Vakalatnama.

9.

As regards the Defendants no.55 to 80 are concerned, it is submitted that one firm by name of R.J. Law has filed Vakalatnama, however, none is appearing for the said Defendants today. 10.

Having heard the learned Counsel, the following order is passed in the Suit:

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ORDER

(i) Let Vakalatnama on behalf of the Defendant no.54 be filed within a period of two weeks.

(ii) As regards the Defendants no.29(a) to 53 and Defendants no.55 to 80, let the Registry issue notice to the Advocates on record, returnable on the next date.

(iii) List on 18th March 2026 along with pending Suits and all pending applications therein.

INTERIM APPLICATION NO. 3742 OF 2025 SUIT NO. 3219 OF 2010 11.

This Interim Application seeks deletion of Defendant no.15 in Suit No.3219 of 2010 and to bring on record her legal heirs viz. 15(a) to 15(d). Mr.Tanna, learned Counsel appearing for the legal heirs has no objection if the Interim Application is allowed. 12.

13.

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14.

INTERIM APPLICATION NO. 4016 OF 2025 SUIT NO. 3219 OF 2010 15.

This Interim Application seeks deletion of Defendant no.11 in Suit No.3219 of 2010. Mr.Raheja submits that since the legal heirs of the deceased Defendant no.11 are already on record, it would not be necessary to implead them separately. Mr.Tanna, learned Counsel appearing for the legal heirs, submits that the legal heirs are already Defendants no.12 to 16 in the Suit and has no objection if the deletion is permitted.

16.

17.

18.

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INTERIM APPLICATION NO. 3735 OF 2025 19.

This Interim Application seeks deletion of Defendant no.15 in Suit No.2532 of 2012 and to bring on record her legal heirs viz. 15(a) to 15(d). Mr.Tanna, learned Counsel appearing for the legal heirs has no objection if the Interim Application is allowed. 20.

21.

22.

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INTERIM APPLICATION NO. 3410 OF 2023 23.

This Interim Application seeks deletion of Defendant no.13 in Suit No.2532 of 2012 and to bring on record his legal heirs viz. 13(a) to 13(d). Mr.Tanna, learned Counsel appearing for the legal heirs has no objection if the Interim Application is allowed. 24.

25.

26.

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INTERIM APPLICATION NO. 4017 OF 2025 27.

This Interim Application seeks deletion of Defendant no.11 in Suit No.2532 of 2012. Mr.Raheja submits that since the legal heirs of the deceased Defendant no.11 are already on record, it would not be necessary to implead them separately. Mr.Tanna, learned Counsel appearing for the legal heirs, submits that the legal heirs are already Defendants no.12 to 16 in the Suit and has no objection if the deletion is permitted.

28.

terms of the Schedule annexed hereto."

29.

30.

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