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Bombay High CourtCHS/1908/2011disposed off

Mr. Rakesh Saigal And ANR. v. Mrs. Mohini Gopaldas Parmanand Sipahimalani ( Sippy) And ANR.

2016-06-08Hon'Ble Shri Justice K.R. Shriram2 pages

39.chs.1908.2011.s.3051.2008.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1908 OF 2011 WITH NOTICE OF MOTION NO. 3804 OF 2008 IN SUIT NO. 3051 OF 2008 Mr.Rakesh Saigal & Anr.

.. Plaintiffs Vs.

Mr.Mohini Gopaldas Parmanand Sipahimalani (Sippy) & Anr.

.. Defendants Mr.Nishant Tripathi a/w. Mr.Vaibhav Bandgar i/b M. Tripathi & Co. for plaintiffs.

None for defendants.

CORAM : K.R.SHRIRAM, J.

DATE : 8TH JUNE, 2016 P.C.

NOTICE OF MOTION NO. 3804 OF 2008 By an order dated 29th September 2008, this Court was pleased to pass an ad-interim order restraining the defendants from creating any third party interest in respect of the suit property. There is nothing to show that the situation is changed and nobody is present for the defendants. In the circumstances, ad-interim order passed on 29th September 2008 to continue until the disposal of the suit.

The Notice of Motion accordingly stands disposed. Shraddha Talekar PS 1/2

39.chs.1908.2011.s.3051.2008.doc CHAMBER SUMMONS NO. 1908 OF 2011 This chamber summons is taken out for bringing on record the L.Rs. of defendant No.1 and defendant no.2 who are since deceased. The counsel for the plaintiff states that the plaintiffs have filed an affidavit of service of one Yogesh B. Suprekar, affirmed on 18th February 2015. No reply has been filed and nobody is present for the respondents. In the circumstances, the chamber summons is allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within two weeks and the amended plaint to be served on all the newly added defendants within two weeks thereafter.

The chamber summons accordingly stands disposed. The suit be listed on 20th July 2016 for directions. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2