Back
2024 Supreme(Online)(Bom) 7094
HIGH COURT OF BOMBAY
HON'BLE THE CHIEF JUSTICEHON'BLE JUSTICE SHRI ARIF S. DOCTOR
LABH SINGH DAYA SINGH – Appellant
Versus
KURIAN THOMAS AND 2 ORS – Respondent
IAL/2978/2020
2024:BHC-DOigSit:a5ll5y 1si1g-nDed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.04.02
18:53:04 +0530 1 APP-34.20-aw-35.20_APPL-138.20.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.34 OF 2020 IN NOTICE OF MOTION NO.987 OF 2014 IN SUIT NO.717 OF 2013 Zainab Rafiullah Shaikh ] Aged : 47 years, occu : Business ] Having office at : Singh House, ] Office No.10, 2nd floor, ]
23, Ambalal Doshi Marg, ]….. Appellant Fort, Mumbai 400 023. ](Original Defendant No.3)
Versus
1] Puthenveedu Joseph Mathew ]
Aged : 65 years, occu: Business] Having office at : 2nd floor ] 23/25, Ambalal Doshi Marg ] Earlier known as Hamam Street ] Near Stock Exchange Post Office] Fort, Mumbai 400 023. ]
]
2] Mr. Kurian Thomas ]
Aged about__yrs Occu:Business] Residing at No.5, Mohammed ] Mohammedbhai Mansion ] 3rd floor, N. S. Patkar Marg ] Kemp’s Corner, Mumbai-400036 ]
]
3] Mr. Labh Singh s/o Daya Singh ]
Deleted since Deceased ]
Mrs.Sukhraj Labh Singh ]….Respondents.
Aged about 75 years ](Resp.No.1-Orig. Plaintiff) Residing at 91, Vallabh ]Resp.Nos.2 & 3 - Original)
Apartments, Warden Road, ]Defendant Nos.1 and 2)
Mumbai – 400006. ]
WITH INTERIM APPLICATION NO.515 OF 2019 IN APPEAL NO.34 OF 2020 Zainab Rafiullah Shaikh ] Applicant/Appellant.
Vs.
Puthenveedu Joseph Mathew & ors. ] Respondents.
ALONG WITH APPEAL NO.35 OF 2020 IN NOTICE OF MOTION No.302 OF 2013 IN SUIT NO.695 OF 2012 Zainab Rafiullah Shaikh ] Aged : 47 years, ] occu : Business, Indian Inhabitant ] Having office at : Singh House, ] Off. No.10, 2nd floor, ]
23, Ambalal Doshi Marg, ]….. Appellant Fort, Mumbai 400 023. ](Original Defendant No.3)
Vs.
1] Mr. Labh Singh Daya Singh ]
Deleted since Deceased ] Mrs.Sukhraj Labh Singh ] Aged about 75 years ] Residing at 91, Vallabh ] Apartments, Warden Road, ] Mumbai – 400006. ]
2] Mr. Kurian Thomas ]
Age unknown, Indian Christian ] Inhabitant, Occupation Business] Residing at No.5, Mohammed ] Mansion, 3rd floor, N. S. Patkar ] Marg, Kemp’s Corner, ] Mumbai-400026 ]
]
3] Puthenveedu Joseph Mathew ]
Aged: 65 years, Indian Christian]
Inhabitant, Occupation Business]….Respondents.
Having office at 2nd floor ](Resp.No.1-Orig. Plaintiff) Afzal Mansion B, Bharucha Marg]Resp.Nos.2 & 3 - Original)
Kalaghoda Fort,Mumbai-400 001]Defendant Nos.1 and 2)
WITH INTERIM APPLICATION NO.512 OF 2019 IN APPEAL NO.35 OF 2020 Zainab Rafiullah Shaikh ] Applicant/Appellant.
Vs.
Mr. Labh Singh Daya Singh Deleted since Deceased Mrs. Sukhraj Labh Singh & ors. ] Respondents.
ALONG WITH APPEAL (L) NO.138 OF 2020 IN NOTICE OF MOTION NO.302 OF 2013 IN SUIT NO.695 OF 2012 Mr. Labh Singh Daya Singh ] (Since Deceased) ] Smt.Sukhraj Labh Singh, Adult ] Aged about 74 years ] Residing at 91, Vallabh ] Apartments, 87 Bhulabhai ]
Desai Road, Mumbai – 400026. ]…..Appellant.
Vs.
1] Mr. Kurian Thomas ]
Age Unknown, Indian Christian ] Inhabitant, Occupation Business] Residing at No.5, Mohammed ] Mansion, 3rd Floor, ] N. S. Patkar Marg, ] Kemp’s Corner, Mumbai 400 026]
]
2] Mr. Puthenveedu Joseph Mathew]
Age 65 years, Indian Christian ] Inhabitant, Occupation Business] having office at 2nd Floor, ] Afzal Mansion B. Bharucha Marg] Kalaghoda, Fort, ] Mumbai – 400001 ]
]
3] Zainab R. Shaikh ]
Age about : 30 years, ] Occupation : Not known, ] Indian Sunni Muslim, Inhabitant] of Mumbai, at Yusuf Manzil, ] 2nd Floor, Room No.42, ] Peerkhan Street, Sophia Zubair ]
Road, Nagpada, ]…. Respondents/
Mumbai – 400 008 ] Original Defendants.
WITH INTERIM APPLICATION (L) NO.2978 OF 2020 IN APPEAL (L) NO.138 OF 2020 Labh Singh Daya Singh ] (Since Deceased) ]
Smt. Sukhraj Labh Singh ] Applicant/Appellant Vs.
Kurian Thomas & ors. ] Respondents.
-----
Mr. Anil V. Anturkar, Senior Advocate a/w Mr. Pradhuman Chauhan and Mr. Arya Sapre for the Appellant/Applicant in Appeal Nos.34 of 2020 and 35 of 2020 and for Respondent No.3 in Appeal (L) No.138 of 2020.
Mr. Mayur Khandeparkar a/w Mr. Vikramjit Garewal, Mr. Umesh Tiwari i/by Advocate Rashmi Pendse for Respondent No.3 in Appeal No.34 of 2020, for Respondent No.
