Digambar Hari Naik vs Sampurnanand Dadhusharaan Dubey ...
2017 Latest Caselaw 6299 Bom

                                        1                          32-CHS-116-2017

Shailaja          
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           TESTAMENTARY AND INTESTATE JURISDICTION

                   CHAMBER SUMMONS NO. 116 OF 2017

                 TESTAMENTARY SUIT NO. 72 OF 2009
                               IN
               TESTAMENTARY PETITION NO. 407 OF 2009


Shree Naik Somanath Kulpurush &                  ]
Gampurush Trust, through its trustee             ]
Mr. Shashank Digambar Naik                       ]       Applicant 

IN THE MATTER BETWEEN

Digambar Hari Naik                                      ]      Plaintiff 
[Executor] (since deceased)                             ]
                 Vs.
Sampuranand Sadhusharan Dubey,                          ]
Secretary, Binakumari Co.op Hsg. Soc. ]
Ltd.                                                    ]
                 And
Shree Naik Somnath Kulpurush &                          ]
Gampurush Trust, through its trustee                    ]
Mr. Shashank Digambar Naik                              ]      Applicant 
                                                ......
Mr. Shaun Pinto, for applicant in CHS/116/2017 and plaintiff.
Mr. Tejas Vora a/w Mr. D.R. Mishra for defendant and applicant in
NMT No. 158 of 2017.
                                                ......
                                                 CORAM  :   R.G. KETKAR, J.

                                                DATE      :   16 th  AUGUST, 2017.

P.C.

Not on board. By consent of the parties, taken up for directions.

2 32-CHS-116-2017

2. Heard Mr. Pinto, learned Counsel for applicant in CHS No. 116 of 2017 and for plaintiff and Mr. Vora, learned Counsel for defendant and applicant in Notice of Motion No. 158 of 2017.

3. This Chamber Summons is taken out for setting aside abatement on account of death of the plaintiff Digambar Hari Naik as also for deleting his name and permitting the applicant to be joined as plaintiffs/petitioners to pursue Testamentary Petition and Testamentary Suit.

4. By consent of the parties, Chamber Summons is made absolute in terms of prayer clauses (a), (b), (c) and (d) with no order as to costs. Amendment shall be carried out within one week from today. Amendment slip shall be made over to the other side.

[R.G. KETKAR, J.]