Tilakdhari Jagannath Mishra S/O Jagannath Mishraand ANR v. Asha Developers And 9 ORS And Surindra Mishra (Applicant)

903.chs.683.2019.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

CHAMBER SUMMONS NO. 683 OF 2019 IN SUIT NO. 351 OF 2013 Surendra Tilokdhari Mishra ...Applicant In the matter between Tilakdhari Jagannath Mishra & Ors.

...Plaintiffs vs M/s Asha Developers & 9 Ors.

...Defendants .....

Mr Sarosh Bharucha, Mr Shrey Fatterpekar I/b HK Law Associates for the Applicant.

Mr Chaitanyaa Bhandarkar for defendant Nos.1 and 2. Mr Bhupendra Mishra, defendant No.4 and Mr Mahendra Mishra, defendant No.5 both present in court.

.....

Digitally signed by Dhanappa I.

Koshti Date:

2019.06.19 18:05:32 +0530 Dhanappa I. Koshti CORAM : B. P. COLABAWALLA, J.

JUNE 19, 2019.

P.C. :

This Chamber Summons has been filed to bring the heirs of deceased plaintiff No.1 on record and for consequential amendments mentioned in the schedule annexed to the Chamber Summons. The original plaintiff No.1 passed away on 14th February, 2019. The present Chamber Summons has been lodged on 25th April, 2019, and therefore, it is clearly within time. Learned advocate appearing on behalf of defendant Pg 1 of 2

903.chs.683.2019.doc Nos.1 and 2 states that they have no objection if the Chamber Summons is allowed. As far as defendant Nos.3 and 7 to 9 are concerned, there is an order that the suit shall proceed undefended against them. In view of these circumstances and considering the averments in the affidavit in support of the Chamber Summons, the same is allowed in terms of prayer clauses (a) and (b) which reads thus - "(a) that the name of the deceased original plaintiff No.1 be deleted from the cause title and the applicant be brought on record as plaintiff No.1(a) as legal heir of the deceased original plaintiff No.1; (b) that the applicant be granted leave and be permitted to carry out the amendments to the plaint in terms of the proposed amendments set out in the schedule annexed hereto."

The amendments to the plaint and all pending interlocutory proceedings shall be carried out within a period of two weeks from today. Thereafter, the amended copy of the plaint and all interlocutory proceedings shall be served on all the defendants within a period of two weeks thereafter. The Chamber Summons is accordingly disposed of. No order as to costs. (B.P.COLABAWALLA, J.) Pg 2 of 2