Kusumgauri Himatlal Jani And 7 ORS. v. Harminder Kaur A. Vijan And ORS. And Ravin Jagadish Jani And ANR (Prop. Resp.)

sat 1/2 chs 1470-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1470 OF 2015 IN SUIT NO. 2419 OF 2007 WITH NOTICE OF MOTION NO. 3211 OF 2007 Mrs.Kusumgauri Himatlal Jani & Ors.

...Plaintiffs / Applicants vs.

Harminder Kaur A. Vijan & Ors.

....Defendants and Ravin Jagdish Jani & Anr.

...Respondents

Mr.Niranjan Vaghela i/b. Pandya & Co. for Plaintiffs. Mr.Nilesh Tated i/b. DSK Legal for Defendant Nos.2 and 3. CORAM : S.C. GUPTE, J.

11 JANUARY 2016 P.C. :

Chamber Summons No.1470 of 2015 is for bringing legal heirs of Plaintiff No.2 on record. Learned Counsel for Defendant Nos.2 and 3 has no objection to the chamber summons being allowed. The chamber summons is made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within a period of two weeks from today.

Notice of Motion No.3211 of 2007 is the Plaintiff's application for temporary injunction. Since there is already a preliminary issue framed in the matter and evidence is being recorded thereon, this motion will have to await hearing till determination of the preliminary issue. In the meantime, Defendant Nos.2 and 3 have taken out a chamber summons for amendment of their written statement. That chamber summons, Chamber Summons (Lodging) No.9 of 2016, to come up on board for hearing on 9 February 2016. The Plaintiffs to file a reply, if any, within two weeks from today.

sat 2/2 chs 1470-2015.doc Rejoinder, if any, within one week thereafter. The chamber summons to come up for hearing on 9 February 2016 along with Notice of Motion No.3211 of 2007. (S.C. Gupte, J.)