Mr. Faustine D'Cunha v. Rizvanullah Jainullah Chaudhari And ORS

3-wp-5476-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5476 OF 2015 Faustine D'Cunha ... Petitioner V/s.

Rizvanullah Jainullah Chaudhary and Ors. ... Respondents Mr. J.N. Jayale, for the Petitioner.

CORAM:

K.K. TATED, J.

DATED : JANUARY 11, 2019 P.C. :

Heard the learned counsel for the Petitioner. By this Writ Petition, the Petitioner-Plaintiff is challenging the order dated 21st February, 2011 passed by the City Civil Court, Dindoshi, Mumbai rejecting the Petitioner's Chamber Summons No. 214 of 2009 in Suit No. 4123 of 2006 for carrying out the amendments in the Plaint.

By that Chamber Summons, the Plaintiff wanted to add Suresh Kumar R Khatri and Mahesh Kumar R Khatri as Defendant Nos. 5 and 6 in the Suit and also to add certain facts in the Plaint. During the pendency of the present Writ Petition, the Writ Petition stands dismissed against Respondent Nos. 2 and 3/ original Defendants and against proposed Respondent Nos. 5 and 6 in the year 2017 itself.

Vishal Parekar 1/2

3-wp-5476-2015.doc Today the learned counsel appearing on behalf of the Petitioner seeks some time to file appropriate application for restoration of the Writ Petition against those Respondents. On his request, time is granted till 31st January, 2019 failing which the Writ Petition shall stand dismissed without further reference to the Court.

Stand over to 31st January, 2019.

(K. K. TATED, J.) Vishal Parekar 2/2