Dhanju Darab Chichgur vs 1. Jeroo Rustom Engineer And Anr
2017 Latest Caselaw 6326 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        TESTAMENTARY AND INTESTATE JURISDICTION
            CHAMBER SUMMONS NO.78 OF 2011
                           IN
             TESTAMENTARY SUIT NO.34 of 2005
                           IN
          TESTAMENTARY PETITION NO.141 OF 2005

                         WITH
             CHAMBER SUMMONS NO.79 OF 2011
                           IN
              TESTAMENTARY SUIT NO.36 of 2005
                           IN
           TESTAMENTARY PETITION NO.140 OF 2005


 Office Notes, Office Court's or Judge's orders.
 Memoranda of
 Coram,
 appearances,
 Court's orders or
 directions and
 Registrar's orders
                       Mr.Sharan Jagtiani a/w. R. Kazi i/b. M & 
                       M Legal Ventures, Advocate for  Plaintiff.
                       Mr.R.V. Thakkar, Advocate for Defendant.

                                  CORAM : R. G. KETKAR, J.

                                  DATE     :  16/08/2017

                      P.C.:

1. Heard Mr.Sharan Jagtiani, learned Counsel for the plaintiff and Mr.R.V. Thakkar, learned Counsel for the defendant.

2. Mr. Jagtiani submitted that by order dated 4.10.2011, Chamber Summons taken out by the plaintiff for bringing on record the heirs of the deceased defendant No.1 was allowed in terms of prayer clauses (a) and (b). However,

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inadvertently the amendment was not carried out. Mr. Jagtiani submits that defendant No.2 has passed away on 24.6.2017. Though the Chamber Summons is taken out by the plaintiffs for bringing on record the heirs of defendant No.2, the Registry is not accepting the same as the cause title is not amended in pursuance of the order dated 4.10.2011. He assures that within one week from today, the plaintiffs will take out Chamber Summonses for extension of time stipulated in the order dated 4.10.2011 for carrying out amendment in the cause title. He submits that the Registry may be directed to accept the Chamber Summons/s for bringing L.Rs. of defendant No.2 as it is. In view thereof, at the request of Mr. Jagtiani, stand over to 23.8.2017. On that date, even Chamber Summonses for extension of time stipulated in the order dated 4.10.2011 if filed the same shall also be listed. In the meantime, office shall accept and register the Chamber Summonses for bringing L.Rs. of defendant No.2 as it is.

(R. G. KETKAR, J.)

Deshmane(PS)