Extracted from the PDF above. The PDF is authoritative.
1/3 22-IA-3215-2026 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3215 OF 2026 IN SUIT NO. 87 OF 2026 Hardik Ajmera & Ors. ...Applicants In the matter between: Hardik Ajmera & Ors. ...Plaintiffs Versus Heena Lifestyle ...Defendants WITH INTERIM APPLICATION NO. 4387 OF 2026 IN SUIT NO. 87 OF 2026 WITH INTERIM APPLICATION NO. 4396 OF 2026 IN SUIT NO. 87 OF 2026 _______ Mr. Raghav Dharmadhikari a/w Mr. Divyang Shukla i/b LJ Law for the Applicants/Plaintiffs. Mr. Vinay Nair i/b Arun Panickar for Respondent Nos. 1 and 3. Mr. Mannadiar a/w Ms. Sandhya Tiwari i/b Mannadiar & Co. for Defendant Nos. 4 and 5. Mr. Kashish Mainkar a/w Mr. Advait Nishal i/b Wadia Ghandy & Co. for Defendant No.6. Mr. Yash Chheda a/w Mr. Rohit Anant Bamne and Mr. Bhavya R. Shah i/b Maniar Srivastava Associates for Defendant No.9. _______
CORAM :
ARIF S. DOCTOR, J. DATE :
27th AUGUST, 2026 P.C.
1.
Learned counsel appearing on behalf of Defendant Nos. 1 to 3 undertakes to file Vakalatnama and seeks time to file Reply Affidavits. Reply Affidavits shall be filed within a period of two weeks from today. Rejoinder, if any, shall be filed one week Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.08.29 13:45:37 +0530
2/3 22-IA-3215-2026 (OS).DOC thereafter.
INTERIM APPLICATION NO. 4387 OF 2026:
2. This Interim Application seeks to set aside the abatement of the Suit qua Defendant No. 8 and also seeks to bring on record the legal heirs of Defendant No. 8.
3.
Learned counsel for the Applicant submits that the proposed Respondents have been served and undertakes to file an Affidavit of Service. The undertaking is accepted.
4. Having regard to the nature of the reliefs sought, namely, setting aside the abatement of the Suit qua the Original Defendant No. 8, Shri Sheth, and bringing on record the legal heirs of Shri Sheth, i.e. proposed Defendant Nos. 1 to 3, as also two other flat purchasers, i.e. proposed Defendant Nos. 4 and 5, I am of the view that the Interim Application deserves to be allowed.
5. Since service has been completed and none has come forward to oppose the Interim Application, the same is allowed in terms of prayer clause (a), which reads thus:
“(a) that this Hon'ble Could be pleased to condone the delay of 1025 days in filing the above Interim Application in so far as it pertains to bringing on record the heirs of Defendant No.8;”
6. Let summons also be issued to the newly impleaded parties.
INTERIM APPLICATION NO. 4396 OF 2026:
7. This Interim Application seeks condonation of a delay of three days in filing the Written Statement. Learned counsel for the Plaintiff, very fairly, does not oppose the same. Accordingly, Interim Application No. 4396 of 2026 is allowed in terms of Areeb
3/3 22-IA-3215-2026 (OS).DOC prayer clause (a), which reads thus:
“a) that this Hon'ble Court be pleased to condone the delay of 3-days in filing the Written Statement on behalf of Defendant No. 9 in the captioned suit and the Written Statement of Defendant No. 9 be taken on record;”
8. List Interim Application No. 3215 of 2026 to 24th September, 2026.
[ARIF S. DOCsTOR, J.] Areeb