Maryambai W/O Fazleabbas Mohamedali Goawala And ANR v. Fatemabai Mohsinbhai Rassiwala And 3 ORS (Def)And1(A) Khojema S/O Mohsin Abdeali Raiswalaand8 ORS(P

910-CHSL1060-18+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO. 1060 OF 2018 IN SUIT NO. 40 OF 1970 WITH CHAMBER SUMMONS (L) NO. 1061 OF 2018 Maryambai widow of Fazleabbas Mohamedali Goawala & Anr ...Plaintiffs

Versus

Fatemabai Mohsinbhai Rassiwala (since deceased) & Ors ...Defendants/ Respondents And Munira Saifee Plumber (nee Munira Fazleabbas Goawala) ...Applicant Mr Gaurav Mehta, with Kinjal Gala, i/b Apex Law Partners, for the Applicants.

Mr Rohaan Cama, a/w Nidhi Salian, i/b Anup Khaitan & Co, for the Respondents.

CORAM: G.S. PATEL, J DATED:

10th August 2018 PC:- CHAMBER SUMMONS (L) N O. 1061 OF 2018:

1.

This Chambers Summons seeks to delete the names of some parties and to substitute others. It also seeks that a delay be 10th August 2018

910-CHSL1060-18+.DOC condoned. There is an error in the prayer of the Chamber Summons itself and this is sought to be corrected by a draft amendment that is tendered, taken on record, and marked "X1" for identification with today's date.

2.

Amendment to Chamber Summons (L) No. 1061 of 2018 is permitted. Amendment to be carried out forthwith in Court, without need of reverification.

3.

The Chamber Summons (L) Nos. 1061 of 2018 is made absolute in terms of prayer clauses (a) and (b). 4.

The corresponding amendments will be carried out to the cause title of the Chamber Summons (L) No. 1061 of 2018 as also to Chamber Summons (L) No. 1060 of 2018.

CHAMBER SUMMONS (L) NO. 1060 OF 2018:

5.

By consent, Chamber Summons (L) No. 1060 of 2018 is made absolute in terms of prayer clauses (a) and (b). 6.

The Court Receiver will stand discharged without passing accounts but on payment of his costs, charges and expenses equally by both sides.

7.

Consent Affidavits are taken on record.

(G. S. PATEL, J) 10th August 2018