LAWS(BOM)-2023-6-1010

MATHURADAS MORARJI Vs. BEHROSE DARAB MADAN

Decided On June 09, 2023
Mathuradas Morarji Appellant
V/S
BEHROSE DARAB MADAN Respondents

JUDGEMENT

(1.) The above Notice of Motion has been filed seeking the following reliefs:

(2.) Even though there is an order passed on 28 th September, 2015 directing that the above Notice of Motion shall be heard along with the Suit, I find that since the issues are already framed and evidence is also filed, no useful purpose will be served by keeping this Notice of Motion pending. Since the Suit of the year 2010, it would be expedient to dispose of this Notice of Motion and place the Suit itself on board. Hence the Notice of Motion is dismissed. No order as to costs.

(3.) The learned Advocate appearing for the Plaintiff has stated that one of the Plaintiffs, namely, Mr. Janak M. Morarji has passed away on 19/8/2022 and, therefore, it is necessary to bring his legal heirs on record in the above Suit. He has stated that he shall file an appropriate application to do so. The same is duly noted.