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Bombay High CourtCHS/847/2017disposed off

Kirty Amarchand Doshi And ANR v. Bharat Amarchand Doshi And ANR

2018-01-19Hon'Ble Shri Justice S.C. Gupte2 pages

sat chs 847-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 847 OF 2017 IN SUIT NO. 733 OF 2016 Mr.Kirty Doshi ...Applicant /Plaintiff No.1 In the matter between Kirty Doshi & Anr.

...Plaintiffs Vs.

Bharat Amarchand Doshi & Anr.

...Defendants Dr.Birendra Saraf with Rehan Savant, Bijal Gandhi I/b. Jayakar & Partners for Applicant.

Mr.Sheroo Kanuga for Defendant No.1.

CORAM : S.C. GUPTE, J.

DATE : 19 JANUARY 2018 P.C. :

Heard learned Counsel for the parties.

The chamber summons seeks transposition of Plaintiff No.2 as Defendant No.3 to the suit. The suit is for partition of family property. Each of the parties claims 1/3rd share in the suit property. In view of the case set up by Defendant No.1 in his written statement that the share of Plaintiff No.2 has been transferred to Defendant No.1 against payment of consideration, which is duly acknowledged by Plaintiff No.2, the Plaintiffs would like Plaintiff No.2 to be transposed as a Defendant. Plaintiff No.2 does not appear or show cause to this application. 1 / 2

sat chs 847-2017.doc The chamber summons, in the premises, is allowed in terms of prayer clause (a). Amendment to be carried out within two weeks. (S.C. GUPTE, J.) 2 / 2