1 kambli/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1204 OF 2010 IN APPEAL (L) NO.727 OF 2009 IN CHAMBER SUMMONS NO.696 OF 2007 IN SUIT NO.4290 OF 1994 ... Mohanlal Ghanshamdas Kukreja and Anr. ...Appellants v/s. Meena Pravin Joshi & ors. ...Respondents ... Mr.Anand Jondhale with Mr.A.V.Jain i/b M/s.A.V.Jain & Associates for the Appellants. Ms.S.I.Shah for the Respondents. ... CORAM: D.K.Deshmukh & SMT.R.P.SondurBaldota,JJ DATED: 21 st June, 2010 P.C.: Notice of Motion is granted in terms of prayer clause (a). Motion disposed of. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.727 OF 2009 IN CHAMBER SUMMONS NO.696 OF 2007 IN SUIT NO.4290 OF 1994 ... Mohanlal Ghanshamdas Kukreja and Anr. ...Appellants v/s. Meena Pravin Joshi & ors. ...Respondents ... Mr.Anand Jondhale with Mr.A.V.Jain i/b M/s.A.V.Jain & Associates for the Appellants. Ms.S.I.Shan for the Respondents. ... CORAM: D.K.Deshmukh & SMT.R.P.SondurBaldota,JJ DATED: 21 st June, 2010 P.C.: Admit. By consent of parties the Appeal is disposed of in following terms: (i)Chamber Summons No.696 of 2007 taken out in Suit No.4290 of 1994 by the Plaintiff 3 in that Suit is permitted to be withdrawn. With the result, the order passed on that Chamber summons dated 7 th August, 2009 passed by the learned single Judge, which is challenged in appeal does not survive rendering this appeal as infructuous. (ii)By consent of parties, the amendment of the plaint sought by the Plaintiff in Suit No.4290 of 1994 is granted in the counter claim filed by the same Plaintiff in Suit No.1358 of 1989. (iii)The Plaintiff is permitted to carry out the amendment in counter claim in Suit No.1358 of 1989 within a period of four weeks from today. (iv)After carrying out amendment by the Plaintiff, as directed above, the Plaintiff in that suit and the present Respondents Nos.1 to 19 shall be entitled 4 to file appropriate reply to the amended portion of the counter claim. They shall also be entitled to raise all objection that are possible in law to the amended portion including that any additional court fee is required to be paid because of the amendment and that the amendment is barred by the law of limitation. Appeal disposed of. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.)