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Bombay High CourtCHS/1747/2016disposed off

Shila Bharat Yadav And 5 ORS. v. Municipal Corporation Of Greter Mumbai And 4 Others

2017-07-06Hon'Ble Shri Justice K.R. Shriram3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1353 OF 2016 IN SUIT NO.166 OF 2008 Shila Bharat Yadav & Ors.

)....Plaintiffs V/s.

Municipal Corporation of Gr.Mumbai & Ors.)....Defendants ---- Mr.R.Y.Sirsikar for plaintiff in Suit No.82 of 2008 and for defendant Nos.1 & 2 in Suit No.1878 of 2006 and for defendant nos.1 to 3 in Suit No.166 of 2008.

Ms.Aditi Phatak i/by Ravi Thankain for plaintiffs in Suit No.1878 of 2006.

Mr.Rajendra V.Pai a/w Mr.A.R.Pai i/by Ravindra S.Pachndkar for plaintiff Nos.1 to 5 in Suit No.166 of 2008.

Mr.Sean Wassoodew a/w Mr.Joshua Borges for plaintiff No.6 in Suit No.166 of 2008.

Ms.Uma Palsule-Desai AGP for defendant nos.9 & 10 in Suit No.82 of 2008.

---- CORAM : K.R.SHRIRAM,J DATE : 6.7.2017 P.C.:- CHAMBER SUMMONS NO.1353 OF 2016 Mr.Pai appearing for plaintiff nos.1 to 5 has no objection to the relief sought for in prayer clauses-(a) and (b) of this Chamber summons.

Mr.Wassoodew for the applicant/plaintiff no.6 states that in that case, plaintiff no.6 be transposed as defendant no.6. Mr.Wassoodew also prays that if at any stage, plaintiff nos.1 to 5 decide to dis-continue with the suit or entered into compromise with

any 3rd party or the defendants, the applicant no.6 should be permitted to apply again to the court to be re-transposed as plaintiff again.

Chamber summons disposed in terms of prayer clauses- (a) & (b) with liberty as prayed for.

CHAMBER SUMMONS NO.1747 OF 2016 In view of the order passed in Chamber summons No.1353 of 2016, this chamber summons is rendered infructuous and is disposed accordingly.

CHAMBER SUMMONS NO.1549 OF 2016 In view of the order passed in Chamber summons No.1353 of 2016,Mr.Vassoodew states that this chamber summons becomes infructuous and is accordingly stands disposed. NOTICE OF MOTION 4227/2007 IN SUIT 82/2008 NOTICE OF MOTION 4364/2008 IN SUIT 1878/2006 NOTICE OF MOTION NO.4365/2008 IN SUIT 166/2008 NOTICE OF MOTION NO.2948/2009 NOTICE OF MOTION NO.3687/2011 CHAMBER SUMMONS 530/2012 CHAMBER SUMMONS 721/2012 CHAMBER SUMMONS 722/2012 NOTICE OF MOTION 795/2013

Mr.Pai states that the amendment to the plaint and connected proceedings will be carried out and copy served within three weeks.

Stand over to 10.8.2017.

(K.R.SHRIRAM,J)