Haji Ismail Haji Musafirkhana Trust And 5 ORS. v. Yusuf Saleh Mohammad Jafarani And ORS.

jsn CHS No.573_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.573 OF 2015 IN SUIT NO.3299 OF 2003 Haji Habib Musafirkhana Trust & Ors.

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Applicants In the matter between Haji Habib Musafirkhana Trust & Ors.

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Plaintiffs Vs.

Yusuf Saleh & Ors.

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Defendants AND The Court Receiver ...

Respondent Ms. J A Sarkhot, Adv. i/b. R V Govilkar, Adv. for plaintiffs. Mr. I. Peter D'Cruz. Adv. for defendant Nos.4,7B, 7D,7E, 8, 11 to 16, 18, 19,23 to 25, 27, 29 and 35.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 27 th April, 2015.

P.C. :

1.

The heirs of the deceased defendant No.17 are required to be brought on record. They are the widow, son and daughter of the deceased. The widow of the deceased defendant No.17 has informed the plaintiff of his demise. The heirs of defendant No.17 would be interested in defending the suit. The heirs of defendant No.17 have been served by personal service on 22nd April, 2015. The Notice of Motion showing the service upon the plaintiff's copy letter is produced. There is no affidavit in reply.

2.

The Chamber Summons is made absolute as prayed.

jsn CHS No.573_2015 3.

The plaintiffs shall carry out the amendments to bring the heirs of the deceased defendant No.17 on record as also to delete the defendants against whom suit is not seen to be prosecuted as shown in Chamber Summons No.742 of 2015 on or before 12th June, 2015. The plaintiff shall serve the amended copy of the plaint upon the other defendants on or before 12th June, 2015. ( ROSHAN DALVI, J. )