NARESH LACHMANDAS ASWANI Vs. HARIDAS ALIAS HARDAS LACHMANDAS

JUDGEMENT

(1.) By An Order Dated 26Th July, 2012 passed by this court, two issues were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were given opportunity to lead oral evidence on the jurisdictional issues framed by this court. Learned counsel have addressed on those issues which are answered by this court in the later part of the judgment.

(2.) Plaintiff Is The Brother Of Defendant No.1. Defendant Nos.2 And 3 Are the companies incorporated under the provisions of the Companies Act, 1956. According to the plaintiff, defendant nos. 2 and 3 have been impleaded as party defendants as they were unlawfully claiming their purported respective rights and/or claims in the suit property consisting of immoveable property situated in Mumbai and described in Ex.A to A2 of the plaint.

(3.) The Plaintiff And The 1St defendants are the sons of Mr. Lachmandas S.Aswani who died intestate at Mumbai on 18th October, 1985 leaving behind him the plaintiff and defendant no.1, wife of the said deceased and three married daughters. According to the plaintiff, the suit property was the property of the said deceased Mr. Lachmandas at the time of his death on 18th October, 1985 and the same then devolved upon his legal heirs including plaintiff and defendant no.1. Dispute arose between the legal heirs after demise of the said deceased in respect of the suit property which dispute was referred to arbitration. On 15th April, 1986 the learned arbitrator made a consent award which award was filed in this court on 9th September, 1991 and consent decree was passed in terms of the said consent award.