Babusha Champshi Shah vs Sulochana Dhirendra Shah(Mother ...
2022 Latest Caselaw 10130 Bom

                                                                       21-SJ22-2022+.DOC

                                                                                    Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION


                                INTERIM APPLICATION (L) NO. 30789 OF 2022
                                                   IN
SANTOSH
SUBHASH
                                  COMM SUMMARY SUIT NO. 1223 OF 2019
KULKARNI                                          AND
Digitally signed by
SANTOSH SUBHASH
KULKARNI
                                 SUMMONS FOR JUDGMENT NO. 22 OF 2O22
Date: 2022.10.06
14:38:02 +0530


                      Babusha Champshi Shah                                  ...Applicant
                      In the matter between
                      Babusha Champshi Shah                                    ...Plaintiff
                                           Versus
                      Sulochana Dhirendra Shah & ors.                       ...Defendants

                      Mr. Sarthak Dhone, a/w Suraj Shetye, i/b Ms. Hetal Patel, for
                           the Plaintiff/Applicant.
                      Mr. Rahul Kapure, h/f Kamlesh Tiwari, for Defendant nos.1
                           and 2.
                      Mr. Mayur Agarwal, i/b Rahul Jain, for Defendant no.3.
                      Mr. Shanay Shah, i/b Alpha Chambers, for Defendant nos.4
                           and 5.

                                                 CORAM:     N. J. JAMADAR, J.

                                                 DATED :    3rd OCTOBER, 2022
                      PC:-

1. Heard the learned Counsel for the plaintiff.

2. This application is taken out to amend the plaint so as to

delete defendant nos.3 to 5 from the array of the defendants and

delete paragraph nos.10 and 11 of the plaint, which contain the

averments relatable to defendant nos.3 to 5 and also delete

prayer Clause (b).

21-SJ22-2022+.DOC

3. In fact, the learned Counsel for defendant nos.3 to 5 had

taken objection to the tenability of the suit in the present form

on account of the impleadment of defendant nos.3 to 5 and the

alternate prayer Clause (b).

4. Hence the application stands allowed in terms of prayer

Clause (a).

5. The plaintiff shall carry out necessary amendment in

accordance with the Schedule-A appended to the application

within a period of three weeks and serve copy of the amended

plaint on defendant nos.1 and 2.

6. The application stands disposed.

[N. J. JAMADAR, J.]