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Bombay High CourtCHS/137/2017disposed off

Vikas Kapoor And 2 ORS. v. Vishwanath Manjunath Raykar And 16 ORS.Geeta B Raykar 5 Others Prop. Defendants

2019-02-20Hon'Ble Shri Justice G.S. Patel2 pages

26-S1260-07.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 137 OF 2017 IN SUIT NO. 1260 OF 2007 Vikas Kapoor & Ors ...Applicants In the matter between Vikas Kapoor & Ors ...Plaintiffs

Versus

Vishwanath Manjunath Raykar & Ors ...Defendants And Geeta B Raykar & Ors

...Respondents/

Proposed Defendants Ms Ishita Desai, i/b Mr Nitin G Raut, for the Applicants/Plaintiffs.

Mr Harsh Pandey, for Defendants Nos. 14, 15, 16 & 17. CORAM: G.S. PATEL, J DATED:

20th February 2019 PC:- 1.

The Chamber Summons is by the Plaintiffs to bring on record the heirs and legal representatives of the deceased Defendants Nos. 2 and 6 as proposed Defendants Nos. 2(a) to 2(c) and 6(a) to 6(c). There can be no reason to disallow the Chamber Summons. I notice that proposed Defendant No. 6(a), Ms Pooja Prakash Raykar, is already joined as 5th Defendant to the suit. She need not be added 20th February 2019

26-S1260-07.DOC again. Proposed Defendants Nos. 6(b) and 6(c) are therefore to be joined as Defendants Nos. 6(a) and 6(b) respectively. 2.

Amendment to be carried out without need of reverification on or before 4th March 2019. A copy of the amended Plaint will be served on the Advocates for the existing Defendants as also on the Advocates for the deceased Defendants Nos. 2 and 6 with a request to take instructions whether they will enter appearance for the newly added Defendants. If not, the Plaintiffs will have to get fresh Writs of Summonses issued against the newly added Defendants. 3.

The Chamber Summons is disposed of accordingly. (G. S. PATEL, J) 20th February 2019