Bina T. Phulwar v. Draupadi Venkat Narayan And 5 ORS.And Rajkumar Brijmohan Datta (Applicant)

1/2 33.CHS-534-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.534 OF 2015 WITH CHAMBER SUMMONS NO.1436 OF 2015 IN SUIT NO.3237 OF 2009 Bina T. Phulwar ....Plaintiff Vs.

Draupadi Venkat Narayan & Ors.

....Defendants ---- Mr. Priyank Kapadia a/w. Mr. Rishir Daulat I/b. TRD Associates for plaintiff. Mr. J.S. Shukla a/w. Mr. Nitesh Pandey I/b. Vaibhav Mehta and Co. for defendant nos.1 and 2.

Ms. Rajkumari Datta, applicant in CHS/534/2015 present. ---- CORAM : K.R.SHRIRAM, J.

DATE : 25th SEPTEMBER 2018 P.C.:

CHAMBER SUMMONS NO.1436 OF 2015 Mr. Kapadia, counsel for plaintiff states that plaintiff died issueless on 17th June 2018. Mr. Kapadia states that he has not received any instructions from the legal heirs and he also does not know who will be the legal heirs.

Therefore, the chamber summons at this point of time cannot survive. Chamber summons dismissed.

It is open to the legal heirs to take such proceedings as advised. CHAMBER SUMMONS NO.534 OF 2015 Applicant is present in Court but the advocate is absent. Gauri Gaekwad

2/2 33.CHS-534-2015.doc This chamber summons is to direct plaintiff to add applicant as party defendant to the suit. Plaintiff has expired issueless on 17th June 2018. It is not even clear whether any legal heirs will step in to prosecute the suit. Therefore, chamber summons is dismissed with liberty to take out fresh chamber summons after the legal heirs of plaintiff are brought on record.

Mr. Shukla, counsel for defendant nos.1 and 2 states that defendant no.1 expired on 30th January 2017 and the names of the legal heirs have been provided to the advocate who was on record for plaintiff. Statement noted.

(K.R. SHRIRAM, J.) Digitally signed by Gauri Amit Gaekwad Date:

2018.09.27 11:25:02 +0530 Gauri Amit Gaekwad Gauri Gaekwad