1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 1530 OF 2009 IN APPEAL NO. 1065 OF 2000 IN SUIT NO. 1294 OF 1986 Prakash Narsingh Shah & Ors .. Appellants Vs Kishore Narsingh @ Hiralal Shah & Ors .. Respondents Mr. Bharat Vaishnawa i/b M/s. Bharat Vaishnawa & Co for the Appellants Mr. N.C. Parekh i/b M/s. Mansukhlal Hiralal & Co for the respondents CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ DATE : 15th January, 2010 P.C.: 1. We have heard Mr. Vaishnawa, the learned counsel for the Applicants / Appellants. 2. This Chamber Summons is taken out praying for a leave to amend the plaint at the first instance and secondly to add some more grounds in Memo of Appeal. 3. In Suit No. 1294 of 1986, the applicants were the Defendants and 2.chs1530-09 2 they have filed Appeal No. 1065 of 2000. The Plaintiffs have filed reply and opposed this amendment. It has been pointed out that the Defendants have no right to pray for amendment in the plaint and so far as amendment in the Appeal Memo is concerned, it has been specifically stated that the additional grounds in Schedule II and annexed to this Chamber Summons in terms of grounds (aaa), (aba) and (aca) are redundant or in any event, these grounds have already been taken up in the Appeal Memo. With reference to the remaining proposes grounds, it has been pointed out that no specific order was passed by the Trial Court in respect of the various properties sought to be described. 4. We have also noted that though the Appeal is pending for almost ten years, the Chamber Summons has been moved at this point of time. 5. We are satisfied that there is no case made out to allow the Chamber Summons and the same is hereby rejected. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 2.chs1530-09 3 2.chs1530-09