Papeyon Developers Private Ltd. v. Mrs. Joyce Ann Fonseca And 4 ORS. Marianne Fonseca And 2 ORS (Res.)

920-CHS1680-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CAMBER SUMMONS NO. 1680 OF 2016 IN SUIT NO. 3552 OF 2004 Papeyon Developers Pvt Ltd ...Plaintiffs

Versus

Mrs. Joyce Ann Fonseca & Ors ...Defendants And Marianne Fonseca & Ors

...Respondents

Mr. D.V. Devkar, with Mr. Sachin Pandey, i/b M/s. Parimal K. Shroff & Co., for the Plaintiffs.

Mr. Yohaan Cooper, i/b Desai Desai Carrimjee & Mulla, for Defendant No. 5.

CORAM: G.S. PATEL, J DATED:

13th January 2017 PC:- 1.

Heard. The Chamber Summons is to bring on record the heirs and legal representatives of Defendant No. 5. There is a short delay. The delay is condoned.

2.

The Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c).

13th January 2017

920-CHS1680-16.DOC 3.

Amendments to be carried out, without need of reverification, on or before 23rd January 2016. A copy of the corrected cause title along with necessary averments about the death of Defendant No. 5 and impleadment of the heirs and legal representatives, i.e., the particulars of amendment will be served on the heirs and legal representatives of the newly added Defendants. 4.

I am informed that the Suit has been disposed of against all other Defendants, except the heirs and legal representatives of Defendant No. 5.

5.

There is a typographical error in the Schedule. Proposed Defendant No. 5(a) is the wife/widow of Defendant No. 5 and is not a son. The amendment to be carried out will reflect this correction. 6.

The Chamber Summons is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 13th January 2017