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Bombay High CourtCST/92/2016disposed off

Omprakash Ramkishan Agarwal v. Laxmidevi Ramkishan Agarwal And ANR. And Surajratan Ramkisan Agarwal And 4 Respondents

2016-08-16Hon'Ble Shri Justice G.S. Patel2 pages

20-TS-165-2013.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.92 OF 2016 IN TESTAMENTARY SUIT NO.165 OF 2013 IN TESTAMENTARY PETITION NO.765 OF 2013 Omprakash Ramkishan Agarwal ...Plaintiff

Versus

Laxmidevi Ramkishan Agarwal and others.

... Defendants Mr. Abhijit Singh, i/b Anil Mishra for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

16th August 2016 PC:- 1.

This Chamber Summons seeks to bring on record heirs of Defendants Nos. 1 and 2. The delay in filing the application is condoned. The abatement of the Petition against Defendants Nos. 1 and 2 is set aside. The amendment is permitted. Amendments to be carried out without need of fresh reverification. 2.

Affidavits in Support to be filed and served on the newly added heirs of the Defendants Nos. 1 and 2 on or before 2nd 16th August 2016

20-TS-165-2013.DOC September 2016. The notice effecting service must be clearly stating that the newly added Defendants will be at liberty to file a further Affidavit supporting the Affidavit already filed by Defendants Nos. 1 and 2 respectively in support of their own Caveats. 3.

Copy of the amended Petition also to be served on the Advocates for the remaining Defendants.

(G. S. PATEL, J.) 16th August 2016