Arvind G Naik And 37 ORS v. New D N Nagar Co-Op Hsg Societies Union Ltd And 8 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1065 OF 2014 IN SUIT NO.674 OF 2013 Mrs. Nanda Netaji Chavan & Ors.

...Applicants

IN THE MATTER BETWEEN :

Arvind G. Naik & Ors.

....Plaintiffs V/s.

New D.N. Nagar CHS Ltd. & Ors.

....Defendants WITH CHAMBER SUMMONS NO.960 OF 2016 IN SUIT NO.674 OF 2013 Arvind G. Naik & Ors.

....Applicants/Plaintiffs V/s.

New D.N. Nagar CHS Ltd. & Ors.

....Defendants ---- None for the applicants/plaintiffs.

Mr. R.S. Ghadge i/b. A.S. Desai for the defendant no.1. Ms. Apeksha Monot i/b. M/s. Wadia Ghandy & Co. for the defendant no.3.

Mr. Devendra Tiwari i/b. Mr. P.G. Lad for MHADA. ---- CORAM : K.R.SHRIRAM,J DATE : 5th OCTOBER,2016 P.C.:- CHAMBER SUMMONS NO.1065 OF 2014 Have considered the chamber summons which is to delete the name of plaintiff no.29 and bring on record the legal heirs of plaintiff no.29, who are the applicants.

2/3 In the affidavit in support of the chamber summons it is stated that the plaintiff no.29 expired on 7th June, 2014 and the chamber summons has been lodged on 19th September, 2014. The chamber summons is well within time.

Therefore, the chamber summons is allowed and accordingly disposed of in terms of prayer clause - (a). The amendment to be carried out and copy of the amended cause title to be served within two weeks from today. CHAMBER SUMMONS NO.960 OF 2016 This chamber summons is to amend the cause title as regards plaintiff no.27 is concerned. The amendment is to change the name and address of the plaintiff no.27. The change of name and address has happened due to the fact that the plaintiff no.27 has after the suit was filed got married.

Mr. Ghadge, counsel for the defendant no.1 states that they have not even been served a copy of this chamber summons. Considering the relief sought, though the applicants/ plaintiffs should have served the chamber summons on the

3/3 defendants, in my view, no prejudice will be caused if the chamber summons is allowed even though it is not served upon the defendants. Therefore, the chamber summons is allowed and accordingly disposed of in terms of prayer clause - (a). The amendment to be carried out and copy of the amended cause title to be served within two weeks from today. (K.R.SHRIRAM,J)