Bharati D. Chinai And 2 ORS v. Madhukar Chimanlal Chinai And ANR And Miheer Madhukar Chinai And 2 ORS. (Prop. Respondents)

11-CHSL316-19.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO. 316 OF 2019 IN SUIT NO. 3107 of 1992 Bharati D Chinai & Anr ...Applicants/ Plaintiffs

Versus

Madhukar C Chinai & Anr ...Defendants

Versus

Miheer M Chinai & Ors ...Proposed Respondents Ms Kavita Shah, for the Applicant.

Mr Rachit Thakar, i/b Rustamji & Ginwala, for Defendant No.1 and Proposed Respondent No.3 in Chamber Summons (L) No. 316 of 2019.

Ms LM Jenkins, i/b LMJ Law Practice, for Proposed Respondents Nos. 1 and 2 in Chamber Summons (L) No. 316 of 2019. CORAM: G.S. PATEL, J DATED:

26th February 2019 PC:- 1.

It is true that this matter has been pending before me for sometime for pronouncement of Judgment. In the meantime, the 1st Defendant died on 21st January 2019. There is the inevitable amendment that is required which I will allow deleting the name of 26th February 2019

11-CHSL316-19.DOC 1st Defendant and adding Defendants Nos. 1(a), 1(b) and 1(c) as his heirs. Similarly the other amendments to add paragraph 1A are also permitted.

2.

Reverification dispensed with.

3.

The other prayer in the Chamber Summons seeks a restraint against newly added Defendants from disposing of the flat in question, Flat No. 7, Bharatiya Bhavan Cooperative Housing Society Limited, 72, Marine Drive, Mumbai 400 002, for a period of four weeks. I will grant that restraint temporarily until 15th March 2019 when the matter will be listed for final orders. On that date I will make a further order in regard to the flat. 4.

Affidavit of Service is to be filed in the Registry. 5.

The Chamber Summons is disposed of in these terms. (G. S. PATEL, J) 26th February 2019