1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 420 OF 2009 IN CHAMBER SUMMONS NO. 441 OF 2009 IN SUIT NO. 533 OF 2006 WITH NOTICE OF MOTION NO. 3957 OF 2009 Surinder Singh Gouri & Anr. .... Appellants. vs. Shakuntala Naresh Ahuja. ..... Respondent. Mr. Navin Parekh i/by M/s. Thakkar & Co. for the Appellants. Mr. V.R. Dhond i/by Prakash & Co. for the Respondent. CORAM : J.N. PATEL, ACTING, C.J. & B.R. GAVAI, J. DATE : 11TH JANUARY, 2010. P.C. 2 Heard. 2. Apart from the issue whether the appeal is maintainable against the impugned order, we are not inclined to interfere with the impugned order passed by the learned Single Judge allowing the amendment as the appellant- original defendants can always meet the same by filing their written statement. The appeal stands dismissed. 3. In view of the dismissal of the appeal, the notice of motion does not survive. The same is also dismissed. (J.N. PATEL, ACTING, C.J.) (B.R. GAVAI, J.)