1 chs-741-08 in s-78-06 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.741 OF 2008 IN SUIT NO.78 OF 2006 Mr. Walter Nazerath ....Plaintiff V/s. Mrs. Lizzie C.S. D”Souza ....Defendant And Fr. Stainislaus D’Souza ....Respondent Mr. R.M.Nakhava i/b Mr. Vasant Dhawan for the Plaintiff Mr. V.Y.Sanglikar for the Defendant CORAM : R.M. SAVANT, J. DATE : 17TH MARCH, 2011. P.C. :- 1 Mr. Sanglikar, the Learned Counsel for the Defendant has no objection to the Chamber Summons being allowed in terms of prayer clause (a). The Chamber Summons is accordingly made absolute in terms of prayer clause (a). The amendment to be carried out within 4 weeks from date. The amended copy of the plaint to be served on the concerned Defendants within 4 weeks thereafter. Additional Written Statement be filed within 6 weeks thereafter. 2 In so far as, other prayers are concerned, in view of the statement which is made in paragraph 8 of the Affidavit in reply to the above Chamber Summons which is to the following effect: 2 chs-741-08 in s-78-06 “ I am using it for my occupation. I have no desire to dispose of the suit flat as alleged by the Plaintiffs”; The Learned Counsel for the Respondent has no objection to continue the said statement, in view thereof, the Learned Counsel for the Plaintiff does not press for the other reliefs. 3 The Chamber summons is accordingly disposed of. 4 Needless to say that the other prayers, apart from prayer clause (a), may be applied, for at an appropriate stage, if so advised. (R.M.Savant, J.)