Mooljee Lukhmidass (Regd) v. The Tahasildar, Borivali And ORS. And Vibhushan Estate Private Limited (Applicant)

22-CHS1345-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1345 OF 2018 IN SUIT NO. 3062 OF 1991 Moolji Lukhmidass (Registered) ...Plaintiff

Versus

The Tahasildar, Borivali & Ors ...Defendants And Vibhushan Estate Pvt Ltd ...Applicant Mr Pravin Samdani, Senior Advocate,with Gautam Ankhad, Viral Shukla, Sunny Shah & Heena Jewani, i/b M/s. Shukla & Associates, for the Applicant.

Mr Kashmira, i/b Gordhandas & Fozdar, for the Plaintif Mr KR Parekh, for Defendant No. 5.

Mr RY Sirsekar, with DS Shingade, for the MCGM. Mr HB Takke, AGP, for the State.

CORAM: G.S. PATEL, J DATED:

23rd January 2019 PC:- 1.

Heard. The Applicant claims to have an assignment of the property in question from the original Plaintiff and seeks substitution in place and stead of the original Plaintiff. This is on the basis of the document that is said to have been registered and a copy 23rd January 2019

22-CHS1345-18.DOC of which is at Exhibit "A" to the Affidavit in Support of the Chamber Summons.

2.

Leaving all contentions open on both sides, the Chamber Summons is allowed. Amendment is permitted.

3.

Amendment to be carried out within two weeks from today. Copy of the amended Plaint is to be served on all the Advocates for the Defendants.

4.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 23rd January 2019