Tazaldin Sadruddin Nanavati v. Theresa Mary Almeida And 15 ORS

918-CHS222-19.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 222 OF 2019 IN SUIT NO. 1714 OF 1965 Tazaldin Sadruddin Nanavati ...Plaintiff

Versus

Theresa Mary Almeida & Ors ...Defendants Mr Cyrus Ardeshir, i/b Shane Cardoz, for the Plaintiff. Ms Deepti Panda, with MR Pardiwala, i/b Pardiwala & Co., for Defendants Nos. 13, 14(a), 14(b), 14(c), 15 & 16. CORAM: G.S. PATEL, J DATED:

15th February 2019 PC:- 1.

In view of the Affidavit dated 9th January 2019 filed by the sole continuing Plaintiff, Ms Panda has instructions to seek leave to to withdraw the Chamber Summos.

2.

The Chamber Summons is dismissed with withdrawn. No costs.

3.

Mr Ardeshir states that while Defendant No. 4A has passed away, his Advocate has communicated on 4th February 2019 that 15th February 2019

918-CHS222-19.DOC her heirs are already on record. She is the principal opponent in this litigation.

4.

There are several other Defendants, namely, 1, 5, 8, 9 10(a), 10(b) & 11(c) were also said to have passed away. Of this, only Defendant No. 8 filed a Written Statement. It is unclear whether the other Defendants should be exempted from appearance because Mr Ardeshir requires instructions whether the Writs of Summons were ever served on these other Defendants.

5.

List the matter on 22nd February 2019 for directions. (G. S. PATEL, J) 15th February 2019