1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1790 of 2008 in Suit No.2357 of 2005 Ms. Kety Jokhi ..Plaintiff vs. Dinshaw Dhunjishaw Jokhi and others ..Defendants and 1 Mrs.Arnavaz Mistry & ors. ..Respondents (Proposed Defts.) Mr.J.P.Mishra i/b Mr.Chandra Naik for plaintiff None for defendants. CORAM: S.J.KATHAWALLA J. 17th June, 2009 P.C. 1 This suit is filed by the plaintiff against the defendant no.1 seeking possession of the flat in respect of which she is a licensee. The license has been executed in favour of the plaintiff by the trustees of the Bombay Parsi Panchayat Funds and Properties. 2 2 It is the case of the plaintiff that her husband has no right to remain in the suit flat after dissolution of the marriage between the plaintiff and defendant by a decree of this Court dated 5th February, 2004. The plaintiff has also joined the trustees of the Bombay Parsi Panchayat as proforma defendants to the suit. 3 After filing of the above suit most of the earlier Trustees have been replaced by new Trustees. In fact, during the pendency of this chamber summons Mr.Rustom Tirandaz has expired and in his place his wife Mrs.Armaity Tirandaz is the newly appointed Trustee. The present Chamber Summons is, therefore, taken out to delete the names of the earlier Trustees and substitute the same by the names of the new Trustees. 4 The learned Advocate for the plaintiff has informed the Court that the defendant has been served with the chamber 3 summons. However, he is not present before the Court. The plaintiff who is present in Court undertakes to file her affidavit proving service of the chamber summons on the defendant within one week from today. 5 The plaintiff is, therefore, allowed to first delete the name of Mr.Rustom Tirandaz from the schedule to the chamber summons and substitute it by the name of Mrs. Armaity Tirandaz. The plaintiff shall thereafter carry out the amendment to the plaint within two weeks from today as set out in the amended schedule to the chamber summons. The plaintiff shall also forward a copy of the amended plaint to the defendant within two weeks from the date of carrying out of the amendment to the plaint. 6 In view of the above, chamber summons is disposed of with no order as to costs. (S.J.KATHAWALLA J.)