1 cst27-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION Chamber Summons No. 27 of 2011 in Suit No. 85 of 2005 in Testamentary Petition No.604 of 2005 Jivaji Framroze Tarachand & Anr. .. Plaintiffs v/s. Mrs. Gool Minoo Mistry & Ors. ..Defendants Mr.Phiroze Colabawala i/b./FZB & Associates for the Plaintiffs. Mr.Avinash Joshi i/b. Mulla & Mulla for the Defendants CORAM : R.Y.GANOO, J. DATED : 20th April, 2011 P.C. : 1. Copy of affidavit in reply filed by Sanober Mistry opposing the Chamber Summons is taken on record. Heard learned Counsels on both sides. 2. Looking to the Schedule to the Chamber Summons, I am inclined to observe that the same is required to be granted. 2 cst27-11.sxw 3. So far as the question of delay in taking out this Chamber Summons, I am inclined to accept the stand of the deponent K.N.Wadia, by which the delay in filing the Chamber Summons has been reasonably explained. There is no difficulty in granting the Chamber Summons. Hence following order is passed. ORDER i) Chamber Summons is made absolute in terms of the prayer clauses (a) and (b). ii) There shall be no order as to costs. Iii) Amendment in terms of the Schedule shall be carried out on or before 5.5.2011, serve copy of the amended petition upon the Advocate for the defendant on or before 31.5.2011. iv) Matter set down for directions on 9.6.2011 to check up the compliance of this order. [R.Y.GANOO, J.]