Rehana Khan W/O Attahar Chaudhary @ Attherali Chaudhary v. Mohammed Hussain Babulla Khan And ORS

916-CST-163-14.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.163 OF 2014 IN TESTAMENTARY SUIT NO. 27 OF 1998 IN TESTAMENTARY PETITION NO. 741 OF 1996 Mrs. Rehana Khan wife Attahar Chaudhary alias Attherali Chaudhary ...Applicant In the matter between Mrs. Rehana Khan wife Attahar Chaudhary alias Attherali Chaudhary ...Plaintiff

Versus

Mohammed Hussain Babulla Khan & Ors.

...Defendants Ms. P. Vaidya, i/b Sharan Patole, for the Applicant.

Mr. Hemant Salvi, i/b M/s. Mansukhlal Hiralal & Co., for the Defendants Nos. 2A to 2D.

CORAM: G.S. PATEL, J DATED:

13th January 2015 PC:- 1.

For the reasons set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clauses (a) to (d).

916-CST-163-14.DOC 2.

It is however noted that proposed Defendants No. 2A has, in the meantime, passed away. His heirs will in turn need to be brought on record. Learned counsel for Defendants Nos. 2A to 2D states that he will furnish to the Advocates for the Petitioners the names of the heirs of Defendant No. 2A before 19th January 2015. 3.

It is clarified that the amendment to be carried out by the Applicant/Plaintiff is not limited to the schedule to the Chamber Summons, but also includes impleadment of the heirs of Defendant No. 2A.

4.

All newly added Defendants to be served after the amendment is carried out. Amendment to be carried out on or before 27th January 2015.

5.

The Chamber Summons is disposed of in these terms. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)