Megha Propertiy Developers Pvt.Ltd v. Babu Dagdu Patil And 8 ORS. And Kamlakar Dattatray Patil And 4 ORS(Prop.Deft)

sat 1/1 CHS 1665-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1665 OF 2015 AND NOTICE OF MOTION NO. 15 OF 2014 IN SUIT NO. 928 OF 2013 Megha Property Developers ki ...Plaintiff/Applicant vs.

Babu Dagdu Patil & Ors.

...Defendants and Kamlakar Dattatray Patil & Ors.

...Respondents

Ms.Yanmayi Rajadhyaksha I/b. Ranjit & Co. for Plaintiff / Applicant. None for Defendants.

CORAM : S.C. GUPTE, J.

9 JUNE 2017 P.C. :

The chamber summons seeks impleadment of the legal heirs of deceased Defendant No.3. The chamber summons has been duly served on the Defendants as also the legal heirs sought to be joined as party Defendants in place of deceased Defendant No.3. Learned Counsel for the Plaintiff tenders an affidavit of service affirmed on 23 November 2016. The same is taken on record. There is a delay in taking out the chamber summons. The delay is, however, explained in the affidavit in support of the chamber summons. For the reasons stated, the delay is condoned and the chamber summons is made absolute in terms of prayer clauses (a) and (c). Amendment to be carried out within two weeks.

(S.C. Gupte, J.)