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Bombay High CourtCHOL/18/2024disposed off

Suhas Vasudeo Malandkar And 2 ORS. v. Anselma Austin Fernandez And 5 ORS.

2024-01-25S. R. Paranjpe,Addl Reg(Os)/Addl Protho Sr Master3 pages

msm Before : Shri S.R. Paranjpe, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 25 th January, 2024.

FOR DIRECTION :

7. CHOL/18/2024 Mr. Priyank Kulkarni i/b. P. S. Chambers, Advocate for the Applicant / Plaintiffs.

In S/85/2023 Mr. Shlok Parekh i/b. Vaish Associates, Advocate for the Defendant Nos.2 & 3.

Ms. Annya Pathare i/b. Emma Almeida, Advocate for the Defendant Nos. 4 to 6.

P.C. : 1. The present Chamber Order is issued to amend the suit, along with consequential amendments in the cause title of the plaint and pending Interim Application, by deleting the name of Defendant No.6, namely Trinidad Joseph Pareira, who expired on 12th December, 2023.

2. The Learned Advocate for the Plaintiff states that a copy of the Chamber Order has been duly served upon the Advocates for Defendant Nos. 2 to 6 and undertakes to file an Affidavit of Service to that effect during the course of the day. The Learned Advocate for the Plaintiff further informs ..2/-

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that the Suit against Defendant No.1 has been decreed by order dated 3rd February, 2023, passed by this Hon'ble Court (Coram:

R. I. Chagla, J.).

3. The Learned Advocates for Defendant Nos.

2 & 3 and 4 to 6 are present before me, and they have no objections to the grant of the amendment, as well as consequential amendments in the cause title of the plaint and pending Interim Application.

4. Having perused the Affidavit dated 16th January, 2024, in support of the Chamber Order, and considering the consent given by the Advocates for Defendant Nos. 2 & 3 and 4 to 6, the present Chamber Order is granted and is signed separately.

5. The amendment and consequential amendment are to be carried out within one week from the date of uploading the order.

The Learned Advocate for the Plaintiff prays to dispense with the Re-verification, ..3/-

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as the amendments are required in the cause title of the Plaint and pending Interim Application. Re-verification is dispensed with as prayed.

Addl. Registrar (O.S.)/ 25.01.2024 Addl. Prothonotary and Senior Master