1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1599 OF 2008 IN SUIT NO.3878 OF 1997 Shrinivas Raghvir Kambli .. Plaintiff Versus Rajashree Raghunath Kambli and Ors. .. Defendants Mr.A.J.Almeida for plaintiff Mr.N.V.Buthekar for defendant Nos. 4 and 5 Mr.Santosh Kanchan i/b. A.Parab for respondent No.6 CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd February 2009. P.C. . This chamber summons is duly served. There is an affidavit in reply by the respondent. Counsel appearing for defendant Nos. 4 and 5 do not oppose the prayers in the chamber summons. 2. The chamber summons is for joinder of respondent as party defendant. 2 3. It is stated that the respondent is a cooperative housing society in which the suit flat is located. This is an immovable property over which the plaintiff and defendant Nos. 1 to 5 are basing the relief of partition. 4. The society is before the Court and has filed reply. It does not dispute that the monies were received. It does not dispute that the flat is situated in the building of the cooperative society. It further does not dispute that the dues in respect of this flat is being collected by it. 5. In these circumstances, it would be proper to implead the respondent as defendant to the suit. 6. The chamber summons is, therefore, made absolute in terms of prayer clause (a). 3 Amendments to be carried out within two weeks from today. Amended copy of plaint be served on the defendants within two weeks thereafter. Affidavit in reply and/or written statement to be filed within four weeks from the date of service of amended plaint. 7. There is no question of granting prayer clause (b) of this chamber summons at this stage. As and when any proceedings are initiated by respondent society, the plaintiffs can point out the orders passed by this Court. (S.C.Dharmadhikari, J)