Lymphia E. Britto And 7 ORS v. Ajib Investors Pvt. Ltd. And 5 ORS And Rosemary Connel Lobo(Widow)And 2 ORS (Prop.Plaintiff 2(A)To(

31 chs756-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.756 OF 2017 IN SUIT NO.2524 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms.Jahan Ara Sarkhot for the plaintiff Mr.Kiran Gawalwad i/b Mr.Ameet Palkar for the defendant no.1 CORAM : K. K. TATED, J.

DATE : SEPTEMBER 8, 2017 P.C.:

1.

Heard.

2.

This application is preferred by plaintiff no.2 for bringing legal heirs on record of deceased plaintiff no.2, Connel Hubert Logo who died on 31.5.2017.

3.

Advocate for the applicant submits that they preferred the present Chamber Summons within time i.e. on 25.7.2017.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of Chamber Summons and as Chamber Summons is Mohite 1/2

31 chs756-17 filed within time, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons. Hence, following order is passed:

A) Chamber Summons is allowed in terms of prayer clause (a) and (b) which reads thus:

"(a) That the plaintiffs be permitted to implead the proposed Plaintiff Nos.2(a) to (c)in place and instead of deceased Plaintiff No.2 as per Schedule annexed to the Chamber Summons.

(b) That the consequential amendments be permitted."

B) Amendment be carried out within 3 weeks from today in plaint as well as in Notice of Motion, failing which the Chamber Summons shall stand dismissed without further reference to the court. C) If amendment is carried out within stipulated time as stated hereinabove, advocate for the plaintiff is directed to serve amended copy of plaint and Notice of Motion on defendant's immediately. D) Chamber Summons stand disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2