Mrs. Edith Peter Misquitta And ANR v. Heather D. Mello And 41 ORS.

31-NMS1323-216.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1323 OF 2016 IN SUIT NO. 1653 OF 1977 Edith Peter Misquitta & Anr ...Plaintiffs

Versus

Heather D'mello & Ors ...Defendants Ms Anita Castilino, i/b SM Kazi, for the Plaintiffs. Mr Deepak Chitnis, with Sonali Dalvi, Jinal Rathi & Aditi Yadav, i/b M/s. Deepak Chitnis Chiparikar & Co., for Defendants Nos. 3(a), 3(b), 3(c), 3(d), 5, 6, 7 & 9.

CORAM: G.S. PATEL, J DATED:

8th January 2019 PC:- 1.

The Motion seeks to set aside an ex parte decree dated 2nd April 2012 at least as regards Defendants Nos. 5, 6 and 8 and also possibly Defendant No. 14. The order of 2nd April 2012 failed to note that the Written Statements have in fact been filed by Defendants Nos. 5, 6, 8 and 14. The decree cannot be sustained against those Defendants. Defendant No. 8 has passed away. 8th January 2019

31-NMS1323-216.DOC 2.

The present application by Mr Chitnis is on behalf of several Defendants, including Defendants Nos. 5 and 6, but not 14. Nonetheless I do not see how ex parte decree can be sustained against Defendant No. 14 either.

3.

The ex parte decree is set aside to the extent that it is against Defendants Nos. 5 , 6 (original Defendant No. 8) and 14. These Defendants have filed Written Statements.

4.

List the suit for framing issues as between the Plaintiffs and Defendants Nos. 5, 6 and 14 on 23rd January 2019. 5.

The Notice of Motion is disposed of in these terms. There will be no order as to costs.

(G. S. PATEL, J) 8th January 2019