HAMIR MEHTAversusHEENA LIFESTYLE

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           Digitally
           signed by
           MOHAMMAD
MOHAMMAD
AREEB
MOHD
           AREEB
           MOHD
           AKBAR
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AKBAR      Date:
           2026.08.29
           13:45:37
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
           +0530




                                   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



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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



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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.]




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