Shah Babulal Khimji And Legal Heirs 1a To 1f v. Chetnarayan Bhagawati Mishra (Sence Deceased) And Gangaprasad C Mishra (Applicant)

sat 1/2 chs 770-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 770 OF 2016 IN SUIT NO. 1688 OF 1981 Gangaprasad Chetnarayan Mishra ...Applicant/legal heirs of Orig.Defendant In the matter between Shah Babulal Khimji Through Legal Heirs, 1b. Vijay Babulal Shah & Ors.

...Plaintiffs vs.

Chetnarayan Bhagawati Mishra (since deceased) ...Defendant None for Applicant.

Mr.Dinesh P. Shah for Plaintiffs.

CORAM : S.C. GUPTE, J.

9 JUNE 2017 P.C. :

This chamber summons is taken out for vacating an exparte decree passed by this court on 11 December 2001. The decree was a decree of specific performance. After nearly 15 years, this chamber summons is taken out seeking to set aside the exparte decree. The Applicants are legal heirs of the original Defendant. The Applicants are absent. The original Plaintiffs have filed their reply to the chamber summons. It is submitted in the reply that the Applicants had filed an independent suit, being Suit No.3116/2008, to set aside the exparte decree dated 11.12.2001 passed by this court. The Applicants have also taken out a notice of motion in that suit. The notice of motion was dismissed. It is submitted that the chamber summons on the same cause of action is not

sat 2/2 chs 770-2016.doc maintainable.

The chamber summons is dismissed both for want of prosecution as well as on merits. No order as to costs. (S.C. Gupte, J.)