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Bombay High CourtCHS/630/2019disposed off

Darryl D Monte And 2 ORS v. Saint Peters Church And 6 ORS And Zarine D Monte And ANR (Applicants)

2019-06-25Hon'Ble Shri Justice B.P. Colabawalla2 pages

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 630 of 2019 IN SUIT No.2335 of 2012.

Zarine D'Monte and Anr ..Applicants.

In the matter between:- Darryl D'Monte & Ors ..Plaintiffs.

Vs Saint Peter's Church & Ors ..Defendants.

Mr. Mukul Taly a/with Ms. Mallika Taly and Ms. Aditi P. i/by S. Mahomedbhai & Co. for Plaintiffs/Applicants to CHS/630/2019. Mr. Denzil D'Mello for Defendant No.1.

CORAM : B. P. COLABAWALLA, J.

DATED :- 25th June, 2019.

P.C. :- 1.

This Chamber Summons has been filed by the applicants who are the heirs of original plaintiff No.1 who expired on 16th March, 2019. This Chamber Summons has been filed inter alia to bring the heirs of deceased plaintiff No.1 on record as well as for consequential amendments as mentioned in the Schedule annexed to the Chamber 1/2 6-chs-630-19.doc

Summons.

2.

For the reasons stated in the affidavit in support of the Chamber Summons, the same is allowed in terms of prayer clause (a) which reads thus :- (a) That the Plaintiffs be allowed to amend the plaint as per the Schedule of amendments hereto annexed and marked Schedule "A" and to carry out consequential amendments in the Plaint and proceedings in the above Suit; 3.

The amendment to be carried out within a period of two weeks from today and the amended copy of the plaint shall be served on the defendants directly or through their Advocate within a period of two weeks thereafter. 4.

The Chamber Summons is disposed of in the aforesaid terms. No order as to costs.

by Radhakishan S. Ladda Date:

2019.06.25 17:27:15 +0530 Radhakishan S. Ladda (B.P. COLABAWALLA, J.) 2/2 6-chs-630-19.doc