Narendrakumar Bheemraj Shah And ANR v. M/S. Marble Traders And ANR And Clemy Mary Misquitta (Respondent)

299-CHS961-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 961 OF 2016 IN SUIT NO. 276 OF 2015 Narendrakumar Bheemraj Shah & Anr.

...Plaintiffs

Versus

Marble Traders & Anr.

...Defendants And Clemy Mary Misquitta

...Respondent

Mr. R. S. Champawat, for the Plaintiffsf/Applicants. Ms. Geeta Sonawane, i/b Mr. Denzil D'Mello, for the Defendant, Clemy Mary Misquitta.

Mr. D. B. Zaveri, i/b B. R. Zaveri, for the Defendant No. 1. CORAM: G.S. PATEL, J DATED:

5th October 2016 PC:- 1.

Affidavit in Reply of the 1st Defendant is taken on record. 2.

The Respondent is sought to be added as a party Defendant to this partition Suit on the footing that she has a share in this property. Ms. Sonanwane does not oppose this Chamber Summons. The 1st Defendant does. He says that Respondent's mother 5th October 2016

299-CHS961-16.DOC relinquished all her rights in the property. That is a matter to be decided at a later stage.

3.

The Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out on or before 14th October 2016. A copy of the amended Plaint to be served on the Advocates for the parties on or before 21st October 2016. Defendant No. 1 will be at liberty to file Additional Written Statement on or before 9th December 2016. The newly added Defendant will also be at liberty to file Additional Written Statement on or before 9th December 2016.

4.

List the Suit for framing issues on 13th December 2016. (G. S. PATEL, J.) 5th October 2016