Sadanand Dattatraya Nadkarni v. Manohar Shantaram Kasbekar And 5 ORS. And Ramesh Manohar Kasbekar (Resp)

914-CST100-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 100 OF 2016 IN NOTICE OF MOTION NO. 11 OF 2016 IN TESTAMENTARY SUIT NO. 71 OF 1993 IN TESTAMENTARY PETITION NO. 572 OF 1993 Sadanand Dattatraya Nadkarni ...Applicant In the matter between Sadanand Dattatraya Nadkarni ...Plaintiff

Versus

Manohar Shantaram Kasbekar ...Defendant Ms. Zenobia Irani, for the Applicant/Plaintiff.

Mr. K. S. Dubey, i/b V. K. Damle, for the Defendant. Ms. Tejashree S. Gawde, Zohair & Col, for Defendants Nos. 2(a) & 3.

CORAM: G.S. PATEL, J DATED:

10th August 2016 PC:- 1.

This is the Plaintiff's Chamber Summons to condone a delay of 26 days, to set aside the abatement of the Suit and to allow the Chamber Summons to amend the Notice of Motion No. 11 of 2016. 10th August 2016

914-CST100-16.DOC The amendment is to the title of the Notice of Motion to add Defendant No. 1A.

2.

The question of abatement will have to be decided in the Notice of Motion since that Notice of Motion is one to recall an order of dismissal of the Suit.

3.

For the present, the Chamber Summons is allowed in terms of prayer clauses (a) and (c). Notice of Motion No. 11 of 2016 is to be amended forthwith in Court without need of re-verification. (G. S. PATEL, J.) 10th August 2016