Megha Propertiy Developers v. Babu Dagdu Patil And 8 ORS. And Kantilal Babu Patil And 9 ORS (Prop. Respondents)

31.CHS.1186.19.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1186 OF 2019 IN SUIT NO. 928 OF 2013 UTKARSH KAKASAHEB BHALERAO Date: 2023.06.13 16:51:45 +0530 UTKARSH KAKASAHEB BHALERAO WITH NOTICE OF MOTION NO.15 OF 2014 IN SUIT NO. 928 OF 2013 Megha Property Developers Pvt Ltd ..Applicant /Orig.Plaintiff

Versus

Babu Dagdu Patil & Ors ..Defendants And Kantilal Babu Patil & Ors ..Proposed Respondents Mr. Pranav Monani i/b Kanga & Co, Advocates for the Applicant/Plaintiff.

CORAM

: B. P. COLABAWALLA, J DATE : JUNE 12, 2023 P.C.

The above Chamber Summons is filed by the Applicant/Plaintiff to bring the legal heirs of deceased Defendant Nos.1,3 & 3A on record as well as for setting aside the abatement of the Suit.

JUNE 12, 2023 Aswale

31.CHS.1186.19.DOC Having heard the learned advocate for the Plaintiff, the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (d) which read thus:- "(a):that the delay, if any, in taking out this Chamber Summons be condoned.

(b):that the abatement of the Suit against the Deceased Defendants No.1, 3, 3A be set aside. (d):that the Plaintiff be allowed to amend the Plaint as per the amendments mentioned in the Schedule 'A' annexed to the Chamber Summons."

The amendment shall be carried out not only in the Plaint but also in the interim proceedings pending in the above Suit within a period of four weeks from today and the amended copy of the Plaint and proceedings shall be served on all the Defendants, including the newly added Defendants, within a period of two weeks thereafter.

The Chamber Summons is accordingly disposed of. No order as to costs.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act order.

[ B. P. COLABAWALLA, J ].

JUNE 12, 2023 Aswale