Sharaukh Khan

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1211 OF 2015 A/W CIVIL APPLICATION NO.1539/2015 A/W INTERIM APPLICATION NO.2992/2020 A/W INTERIM APPLICATION NO.2990/2020 A/W INTERIM APPLICATION NO.2991/2020 A/W INTERIM APPLICATION NO.666/2020 A/W INTERIM APPLICATION NO.667/2020 A/W INTERIM APPLICATION NO.2988/2020 A/W INTERIM APPLICATION NO.2989/2020 A/W INTERIM APPLICATION NO.2984/2020 IN APPEAL FROM ORDER NO.1211/2015 Dilip Babubhai Shah & Ors. … Petitioners. Vs. Babubhai Sardarmal Shah & Ors. … Respondents. Mr. Nitin V. Gangal, Advocate for respondent nos.4, 7, 10,11 and 12. Ms K.R. Daviervala & Mr. Y.P. Jijina i/b Mulla & Mulla & AB &C for applicants/appellants. CORAM : PRITHVIRAJ K.CHAVAN, J. DATE : 30th JUNE, 2022. CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2022.07.02 17:18:57 +0530 P.C.: This Court has suggested the parties to explore the possibility of an amicable settlement of the dispute, in view of the fact that most of the appellants and respondents are senior citizens. Learned Counsel for the parties seek a week's time to suggest the name of a 'Mediator'. List the appeal for further directions, on 08.07.2022. (PRITHVIRAJ K.CHAVAN, J.)

Order - Status 8: Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1211 OF 2015 A/W INTERIM APPLICATION NO.2984 OF 2020 A/W INTERIM APPLICATION NO.2988 OF 2020 A/W INTERIM APPLICATION NO.667 OF 2020 A/W INTERIM APPLICATION NO.2991 OF 2020 A/W INTERIM APPLICATION NO.2990 OF 2020 A/W INTERIM APPLICATION NO.2992 OF 2020 A/W CIVIL APPLICATION NO.1539 OF 2015 A/W INTERIM APPLICATION NO.2989 OF 2020 A/W INTERIM APPLICATION NO.666 OF 2020 Dilip Babubhai Shah and others. ] Appellants Vs. Babubhat Sardamal Shah and others.] Respondents Ms. K.R. Daviervala i/b M/s. Mulla & Mulla and Craigie Blunt and Caroe, for Appellants/Applicants. ..... ..... Mr. Nitin V. Gangal, for Respondents No.4,7,10,11 and 12. CORAM : PRITHVIRAJ K. CHAVAN, J. DATED : 15th JULY, 2022. P.C. Parties are contemplating amicable settlement through the process of mediation. Parties are at liberty to take necessary steps in that regard and inform the Court accordingly. Stand over to 22nd July, 2022. [PRITHVIRAJ K. CHAVAN, J.]

Order - Status 10: S.S.KilajeIN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1211 OF 2015 Dilip Babubhai Shah and Ors. .. Appellants Versus Babubhai Sardarmal Shah & Ors. .. Respondents WITH INTERIM APPLICATION NO. 2984 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 2988 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 667 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 2990 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 2991 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 2992 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH CIVIL APPLICATION NO. 1539 OF 2015 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 2989 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 WITH INTERIM APPLICATION NO. 666 OF 2020 IN APPEAL FROM ORDER NO. 1211 OF 2015 Ms. K.R.Daviervala i/by M/s. Mulla & Mulla & Craige Blunt and Caroe for the Appellants .................... Ms. Prerna Shukla i/by Nitin V. Gangal for Respondent Nos. 4,7,10,11,12 ................... CORAM : MILIND N. JADHAV, J. DATE : JULY 22, 2022 P.C. : Ms. Daviervala, learned counsel for appellants submits that appellants have taken out 8 interim applications viz. IA/2984/2020, IA/2988/2020, IA/667/2020, IA/2990/2020, IA/2991/2020, IA/2992/2020, IA/2989/2020 & IA/666/2020, for bringing the legal heirs of deceased respondents on record as some of the respondents have expired. INTERIM APPLICATION NO. 666 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.17 who has expired on 22.03.2019. For the reasons mentioned in the application, delay of 211 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 666 of 2020 stands disposed of. INTERIM APPLICATION NO. 667 OF 2020:- By this application, applicants seek to substitute legal heirs of the deceased respondent No.16 who has expired on 26th/27th January, 2019. For the reasons mentioned in the application, delay of 264 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 667 of 2020 stands disposed of. INTERIM APPLICATION NO. 2984 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.5 who has expired on 08.06.2013. For the reasons mentioned in the application, delay of 27 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 2984 of 2020 stands disposed of. INTERIM APPLICATION NO. 2988 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.1 who has expired on 06.02.2014. For the reasons mentioned in the application, delay of 27 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 2988 of 2020 stands disposed of. INTERIM APPLICATION NO. 2989 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.3 who has expired on 03.12.2016. For the reasons mentioned in the application, delay of 1090 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 2989 of 2020 stands disposed of. INTERIM APPLICATION NO. 2990 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.2 who has expired on 06.03.2019. For the reasons mentioned in the application, delay of 267 days 36.ao.1211.15+.doc to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 2990 of 2020 stands disposed of. INTERIM APPLICATION NO. 2991 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.28 who has expired on 06.10.2015. For the reasons mentioned in the application, delay of 27 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 2991 of 2020 stands disposed of. 36.ao.1211.15+.doc INTERIM APPLICATION NO. 2992 OF 2020:- By this application, applicants seek to substitute legal heirs of deceased respondent No.33 who has expired on 05.06.2013. For the reasons mentioned in the application, delay of 27 days to file the application and bring the legal heirs on record stands condoned. Leave to amend is granted. Re-verification is dispensed with. Amendment to be carried out within two weeks from the date of uploading of the order as per the schedule appended to the Interim Application. Once amendment is carried out, applicants are directed to serve the newly impleaded respondents and file appropriate affidavit of service and inform the newly added respondents about the hearing scheduled before the Mediator. Interim Application No. 2992 of 2020 stands disposed of. Ms. Daviervala on instructions submits that appellants have already compromised and settled the matter/lis with respondent Nos. 42 to 85 and in that view of the matter seeks leave of this Court to delete the names of respondent Nos. 42 to 85. Affidavit to that effect shall be filed by the appellants within two weeks from the date of uploading of the order. Leave to delete respondent Nos. 42 to 85 as prayed for is granted. Amendment to be carried out within two weeks from the date of uploading of the order. Re-verification stands dispensed with. Both learned counsel appearing for the parties submit that as suggested by this Court on the previous occasion, they have taken instructions from their clients and are ready to go before the Court appointed Mediator for reconciliation / settlement. Mr. Vishal Kanade, Advocate practicing in this Court and having his office at 103, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai (Mobile No. 9819668711) is appointed as Mediator to mediate on all issues and disputes between the parties. Appellants shall pay 50% of the fee whereas respondent Nos. 4,7,10,11,12, who are the principle contesting respondents shall bear the remaining 50% fees of the Mediator. The Mediator is requested to submit his report within a period of 8 weeks from today. Appeal from Order No. 1211 of 2015, stood over to 20th September, 2022. [ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2022.07.28 18:26:46 +0530