1 cs22.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.22 OF 2010 in SUIT NO. 2459 OF 2009 Smt.Jyoti Manharlal Khadawala .. Plaintiff vs Smt Ladkibai Govind Bhandari & ors.. Defendants Ms.K.C.Nichani i.b Mr.A.I.Sheth for Plaintiff Mr.P.M.Shah a/w Mr.Dharmesh Jain for Defendant nos. 4 to 7 and 9 CORAM: S.C.DHARMADHIKARI, J DATED: 9th September, 2010 P.C. 1. Heard Ms.Nichani appearing for the plaintiff and Mr.Shah appearing on behalf of defendant nos.4 to 7 and 9. It is stated that copy of the Chamber summons is duly served on all parties. 2 cs22.10 2. The plaintiffs have filed this Chamber summons because, during the pendency of the suit and on account of filing of affidavit by defendant nos.4,5,6, 7 and 9 that they became aware of the rights created in favour of third parties by them. The plaintiff's suit is for specific performance of an agreement of sale dated 13.12.1981 against defendant nos.1 to 9. 3. After the plaintiffs became aware of the death of 1st defendant and therefore, they are seeking leave to delete the 1st defendant's name from the array of parties. 4. The disclosure in the affidavit in reply to the Notice of motion about third party rights is set out in details in para 2 of the affidavit in support of the Chamber summons. 5. There is no opposition to this Chamber summons. The parties in whose favour third party rights are created by the defendant nos.4 to 7 and 9 are not appearing though served. For reasons set out in the affidavit-in support, Chamber summons is made absolute in terms of prayer clause (a) and 3 cs22.10 (b). Amendment to be carried out in terms of schedule however, Reference in the schedule to the deletion shall be taken as deletion of defendant no.1. Amendment be carried accordingly. Amendment be carried out within two weeks from the date of receipt of this order. This order is made without prejudice to the rights and contentions on merits of the matter and amended copy be served on all including the newly added defendants within four weeks from the date of receipt of this order. Let the Notice of motion come up for hearing and final disposal after six weeks. S.C.Dharmadhikari, J