NMS363-09 YBG 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.363 OF 2009 IN SUIT NO.94 OF 2009 M/s.Ishwar Builders .. Plaintiff Versus Swatantraya Sainik Nagar Coop.Housing Society Ltd. and Anr. .. Defendants Ms.Nutan Moily for plaintiff Mr.Piyush Shah and M.K.Jariwala for defendant No.1 Mr.Raltson Fernandes for defendant No.2. CORAM : S.C.Dharmadhikari, J. Date : 26th August 2010. P.C. 1] It is stated that Mr.Shantibhai Gordhanbhai Patel, suing in his capacity as the sole proprietor of plaintiff - a sole proprietory concern, of the said Shantibhai G. Patel, has since expired, which is evident from a copy of the death certificate dated 22nd November 2008 stating that the deceased expired on 14th September 2008, at Karamsar Vidyanagar, State of Gujarat, the suit itself abates. Therefore, this motion will not NMS363-09 YBG 2 survive and the same is dismissed as such. (S.C.Dharmadhikari, J). IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.728 OF 2009 IN SUIT NO.94 OF 2009 M/s.Ishwar Builders .. Plaintiff Versus Swatantraya Sainik Nagar Coop.Housing Society Ltd. and Anr. .. Defendants 1. This chamber summons is taken out by the applicant praying that he be impleaded as party defendant No.3. In the light of the abatement of the suit, this chamber summons will not survive and accordingly, the NMS363-09 YBG 3 same is disposed of. Copy of the death certificate of the deceased Shantibhai Gordhanbhai Patel is taken on record and marked "X" for identification. This order is passed in the light of the contents of the said certificate. (S.C.DHARMADHIKARI, J)