Vashdev K. Assomull And ANR v. Rupa Land Developers And 4 ORS.

24 chs743-14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.743 OF 2014 IN SUIT NO.1676 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Javed Gaya a/w Ms.Vidya Chaudhari i/b M/s.Chambers of Javed Gaya for the applicant and plaintiff no.2 Mr.Shenoy Prasad i/b M/s.Crawford Bailey and Co. for the defendant no.5 CORAM : K. K. TATED, J.

DATE : SEPTEMBER 19, 2017 P.C.:

1.

Heard.

2.

This application is for bring legal heirs on record of deceased plaintiff no.1, Vashdeo Kishanchand Assomull, who died on 4.6.2012.

3.

There is a delay in preferring the Chamber Summons.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of Chamber Summons, I am satisfied that the Mohite 1/2

24 chs743-14 Applicant has made out a case for allowing the present Chamber Summons. Hence, following order is passed:

a) Applicant is permitted to bring legal heirs on record of deceased plaintiff no.1 in Suit No.1676 of 2010 and pending applications if any within four weeks from today.

b) If amendment is carried out within four weeks, applicant plaintiff is directed to serve amended copy of plaint on defendant's immediately thereafter.

c) If amendment is not carried out within stipulated time as stated hereinabove, Chamber Summons shall stand dismissed without further reference to the court.

d) Chamber Summons stand disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2