/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.758 OF 2008 IN SUIT NO.2819 OF 2007 Nivedita A. Rawool ..Plaintiff Vs. Dattatray C. Hadpadkar and Others ..Defendants ---- Ms. Lambay for Plaintiff Mr. A.A. Joshi for Defendant No.1 Ms. Manisha Pant i/b. Bhave & Co. for Defendant No.2 Mr. S.P. Kanga i/b. M.K. Banatwala for Defendant Nos.6, 7 & 8 in support of Chamber Summons. CORAM: V.M. KANADE J. DATED 25TH AUGUST, 2008 P.C. 1. Heard the Learned Counsel appearing on behalf of the Plaintiff and learned Counsel for the Defendants. The Learned Counsel for the Plaintiff seeks permission to withdraw the suit. The learned Counsel appearing on behalf of the Defendant Nos.6 to 8 have taken out a Chamber Summons, seeking an order from this Court that they should be transposed as Plaintiff. The Plaintiff has filed the suit for partition and for other consequential reliefs. The Defendants 6 to 8 are the daughters of Late Chandrakant Hadpadkar. In this view of the matter, the Defendant Nos.6 to 8 are entitled to continue the / 2 / suit for partition. 2. The learned Counsel for the Defendant No.13 states that the Plaintiff should file a perfect suit. He submits that prayer clause (a) and averments made in paragraph 13 is pertaining to challenge the documents executed by the Defendant No.1 and the Plaintiff's mother. He submits that the Defendant Nos.6 to 8 cannot be permitted to challenge the said documents. In my view, prayer clause (d) is in the nature of an ad-interim order which the Plaintiff is seeking in the suit. In any case, the Defendants Nos. 6 to 8 may continue the suit on the basis of pleadings made by the present Plaintiff at their own risks and consequences. Chamber Summons No.758 of 2008 is accordingly disposed of in terms of prayer clause (a). The office shall permit the Defendants to carry out the said amendment. Accordingly the Plaintiff is permitted to delete the Plaintiff from array of parties. The Defendant Nos.6 to 8 shall pay the Court fees, which are paid by the Plaintiff and the Plaintiff shall be added as Defendant No.6 in the suit amendment and also other consequential amendments to be carried out within four weeks. Chamber Summons is accordingly disposed of. V.M. KANADE J. / 3 /