Ratan Dinshaw Surveyor v. Hemlata S.Veera And ORS. And Rashna R. Surveyor And ANR.(Applicants)

chs 193 of 2017 (911).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.193 OF 2017 IN SUIT NO.1009 OF 1973 Rashna Ratan Surveyor and Anr. ...

Applicants and Ratan Dinshaw Surveyor ...

Plaintiff versus Hemlata S. Veera and Ors.

...

Defendants Ms. Duraiya S. Retiwala with Ms. Rashida Retiwala, for heirsof the Plaintiff/Applicant to CHS.

Mr. P.J.

Thorat with Mr. Anand Mishra i/by Mr. A.M.Saraogi, for Applicant to NMS No.2879 of 2016.

Mr. P. Shah i/by Mr. K.P.Shah, for Petitioner to CONP No.77 of 2016. Mr. G.G.Ketkar, 1 st Assistant to Court Receiver, present.

CORAM: S.J. KATHAWALLA, J.

DATE: 27th FEBRUARY, 2017 P.C.:

1.

Not on board. Upon mentioning, taken on board. Perused the Chamber Summons and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clause (a) which is reproduced hereunder :

"(a)That the Applicants be allowed to carry out amendment to the Plaint and other proceedings as per the Schedule annexed hereto;" ssp 1/2

chs 193 of 2017 (911).sxw 2.

Amendment to be carried out on or before 04-03-2017. All contentions of the parties are kept open. The Chamber Summons is accordingly disposed of. 3.

Stand over to 08-03-2017. The parties to handover to the Court Office a copy of the Plaint with all the amendments carried out till date since the original copy is 40 years old and is in bad shape. The Court Receiver is allowed to prepare his Report and serve the same on the parties by 05-03-2017. ( S.J.KATHAWALLA, J. ) ssp 2/2