Smt. Devkibai Vasudev Gurnani v. Sandeep S. Balani And ORS And Mr. Vasudev Gurnani And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.95 OF 2016 IN MISC.PETITION NO.23 OF 2014 Mr.Vasudev Gurnani & ors .. Applicants In the matter of Smt Devkibai Vasudeo Gurnani & anr .. Plaintiffs vs Sandeep Sitaldas Balani & anr .. Defendants with CHAMBER SUMMONS NO.18 OF 2017 in MISC.PETITION NO.29 OF 2013 Mr.Suresh Jessaram Lalwani & ors .. Applicants In the matter of Suresh Jessaram Lalwani & ors .. Plaintiffs vs Sandeep Sitaldas Balanu & anr .. Defendants Ms.Nerissa Almeida for Petitioner in MPT No.29/2013 and for Respondent nos.9 and 10 in MPT No.134/2013 and Applicants in CST No.18/2017 Mr.Prashant Chavan I.b Mr.K.R.Chile for Petitioners in MPT Nos.134/2013 and MPT 23/2014 and for Applicants in C.S No.95/2016 Mr.K.P.Jain a/w Mr.M.A.Shah for Respondent no.1 in MPT 29/2013,Respondent no.1

and for Respondent no.13 in MPT/134/2013 Mr.R.M.Lanjekar for Respondent no.2 in MPT 23/2014 Mr,.Reyden Gonsalves I.b Mr.E.A.Gonsalves for Respondent No.3 in MPT 23/2014 Ms.Nisha Valani for Respondent no.4 ..

CORAM: K.R.SHRIRAM, J DATE : 8 FEBRUARY 2017 P.C.

1.

This Chamber Summons is to bring on record the legal heirs of the Petitioner who expired on 6 April 2016.The counsel for the respondents state that they have no objection to grant the reliefs as sought in this Chamber Summons but, their rights and contentions in the matter should be kept open including challenging the maintainability of the Petition by the original petitioner herself.

2.

In view of the above, Chamber Summons is allowed in terms of prayer clause (a) keeping open the rights and contentions of the respondents as mentioned above. 3.

Chamber Summons accordingly stands disposed of. 4.

Amendment to be carried out and the amended Petition to be served within a period of two weeks. Should the respondents wish to file additional reply in view of the amendment to the Petition, they may do so within a period of two weeks of

receiving the amended Petition.

5.

Counsel state that there is another Chamber Summons no.18 of 2017 in Misc.Petition No.29 of 2013 which requires to be heard before the Petition proceeds further. Counsel for the respondents states that they have just been served with the Chamber Summons. The Affidavit-in-reply to be filed within two weeks. Rejoinder if any, within two weeks thereafter.Chamber Summons be listed for hearing on on 15 March 2017. {K.R.SHRIRAM, J}