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Bombay High CourtCHS/1803/2016disposed off

Jeetmal Mangalchand Sakhlecha And ORS. v. M/S Neelkanth Building Corporation And ORS.

2017-07-01Hon'Ble Shri Justice K.R. Shriram2 pages

44.n.1035.2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 1035 OF 2014 IN EXECUTION APPLICATION NO. 200 OF 2010 Jeetmal Mangalchand Sakhlecha & Ors.

.. Applicants Vs.

M/s. Neelkanth Builders Corporation & Ors.

.. Respondents Mr.B.K. Bali i/b M/s. Bali Associates for claimants/applicants. None for respondents.

CORAM : K.R.SHRIRAM, J.

DATE : 1ST JULY, 2017 P.C.

Mr.Bali for the claimants/applicants states that notices only against respondent nos.2(a) to 2(d) have been served and an affidavit of service of the Sheriff's bailiff one S.S. Berde affirmed on 13th April 2015 is on record. Mr.Bali states that Nirmala Chandual Soni-respondent no.2(a) has expired and seeks leave to withdraw the Execution Application as against Nirmala Chandual Soni.

Execution Application dismissed as against Nirmala Chandual Soni. So far as the others respondents are concerned, i.e., respondent No.2(b), 2(c) and 2(d), Mr Bali states that he has taken a chamber summons to strike off Shraddha Talekar PS 1/2

44.n.1035.2014.doc the name of respondent no.2(a) and to bring on record the legal heirs who are already on record as respondent No.2(b), 2(c), and 2(d), respectively. No reply has been filed nor has anyone entered appearance. Notice made absolute as against respondent Nos.2(b), 2(c), and 2(d). CHAMBER SUMMONS NO. 1803 OF 2016 Mr.Bali states that the applicants have taken out this chamber summons for deleting the name of Respondent No.2(a) and to bring the legal heirs of respondent no.2(a) on record. At the same time, Mr.Bali states that the legal heirs of respondent no.2(a) are respondent No.2(b), 2(c) and 2(d) and since they are already on record and the Court has passed the above order, the chamber summons though not listed, be disposed. The chamber summons accordingly disposed.

Steps to be taken for execution within four weeks from today. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2