Afzal Khan And ANR. v. Mehboob Ayub Khan And 9 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO.585 OF 2017 WITH NOTICE OF MOTION NO.3914 OF 2008 IN SUIT NO.2855 OF 2008 Mehboob Ayub Khan & Ors.

....Applicants

IN THE MATTER BETWEEN :

Afzal Khan and Anr.

....Plaintiffs Vs.

Mehboob Ayub Khan and Ors.

....Defendants ---- Mr. Rajeshwar i/b. M/s. Legal House for plaintiffs. Mr. Haresh Jagtiani, senior counsel a/w. Mr. Siddhesh S. Bhole, Mr. Ryan Mendes and Ms. Dhruti Chheda i/b. Mr. Siddhesh S. Bhole for defendant nos.1 and 6/applicants.

Ms. K.R. Daviervala i/b. M/s. Mulla and Mulla and CBC for defendant nos.7,8 and 9.

---- CORAM : K.R.SHRIRAM, J.

DATE : 19th APRIL, 2017 P.C.:

CHAMBER SUMMONS (L) NO.585 OF 2017 Mr. Rajeshwar, counsel instructed by M/s. Legal House states that he has been instructed by the plaintiffs only yesterday and undertakes to file Vakalatnama during the course of today. Undertaking accepted. This chamber summons is taken out to amend the prayer clause in the notice of motion no.3914 of 2008. Mr. Rajeshwar, counsel for plaintiffs, without prejudice to the rights and contentions of the plaintiffs, is agreeable for granting the relief Gauri Gaekwad

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Therefore, the chamber summons is allowed and accordingly disposed in terms of prayer clause - (a).

The amendment to be carried out and copy of the amended notice of motion with further affidavit in support, if any to be served upon the plaintiffs before the end of this week.

Should the plaintiffs and any other defendant wish to file any further affidavit in reply to the notice of motion in view of this amendment, they may do so and serve a copy thereof within two weeks of receiving copy of the amended notice of motion.

Notwithstanding disposal of the chamber summons, the applicants to remove all office objections and get the chamber summons numbered.

Notice of motion no.3914 of 2008 be listed for hearing on 14th June, 2017.

(K.R. SHRIRAM, J.) Gauri Gaekwad