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2015 Supreme(Bom) 1214

ROSHAN DALVI
Pushpalata Sohanlal Sharma – Appellant
Versus
Brij Madanlal Sharma – Respondent


Advocates:
Advocate Appeared:
Hiralal Thakkar, Sr. Adv. a/w. Ms. Manju Sharma, Adv. i/b. Mr. A. V. Doijode, Adv. for plaintiff.
Mr. Prabhanjan Gujar, Adv. a/w. Ms. Priyanka Desai, Adv. i/b. M/s. K. Ashar & Co. for defendant Nos.2a & 3.
Mr. Ajay Madanlal Sharma defendant No.2a present in Court.
Ms. Rekha Sharma defendant No.2b present in Court.
Smt. Brij Madanlal Sharma present on 9th July, 2015 upon directions of the Court.
Smt. Pushpalata Sohanlal Sharma, Ajay Madanlal Sharma & Ms. Rekha Sharama also present on 9th July, 2015.

JUDGMENT

1. This is a unique suit filed by the plaintiff who is shown to be Pushpalata Sohanlal Sharma @ Pushpa S. Sharma (Pushpa) against the defendants who were two individuals and a limited company. Defendant No.1 is shown to be Brij Madanlal Sharma but also claims to be Pushpa S. Sharma / Pushpa Singh Sharma, (Brij). Her husband Madanlal since expired, was defendant No.2 and a company of which Madanlal is stated to be a director, is defendant No.3. Madanlal has expired and his son and daughter are brought on record as his heirs as defendant No.2a and 2b aside from Brij who has continued to be defendant No.1. The case of all the defendants is identical as shall be seen presently.

2. The plaintiff has been represented by the same advocate throughout. The defendants have filed a joint written statement. They were represented by the same advocate all through until the last date of the trial including the stage of recording of cross examination. The advocate who earlier represented all the defendants ceased to appear at the time of the hearing of the arguments. A new advocate sought to appear for defendant Nos.2a and 3 only at the time of the hearing of arguments. Defendant No.2a and















































































































































































































































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