Atmaram Govind Abhyankar And 4 ORS v. St. Francis Xavier Church And 35 ORS

chs 775 of 2016 (927).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.775 OF 2016 IN SUIT NO.1111 OF 1996 Atmaram Govind Abhyankar and Ors.

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Applicants/Plaintiffs versus St. Francis Xavier Church and Ors.

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Defendants Mr. A.D.Kango, for Plaintiffs.

Ms. Bhansali i/by Mr. Anil R. Mishra, for Defendant No.3. CORAM: S.J. KATHAWALLA, J.

DATE: 6 th JUNE, 2016 P.C.:

1.

The above Chamber Summons is taken out by the Applicants to bring the legal heirs of Defendant Nos.17 and 19 on record. Defendant No.17 has passed away on 27-02-2009. However, the Plaintiffs have been informed of the demise only by a letter dated 17-03-2016. As far as Defendant No.19 is concerned, he has also passed away on 25-02-2009 and the Defendants have been informed about his demise on 29-02-2016. In view thereof, the Chamber Summons is allowed as prayed. Amendments to be carried out within a period of one week from today. A copy of the amended Plaint shall be served on the newly added Defendants. All contentions of the parties are kept open. The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 1/1