1 Ld IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.4312 OF 2006 MOTION NO.4312 OF 2006 MOTION NO.4312 OF 2006 IN IN IN a.w.C.S.No.1599/06 SUIT SUIT SUIT NO. NO. NO. 3376 OF 1985 3376 OF 1985 3376 OF 1985 Shah Shah Shah Babulal Khimji Babulal Khimji Babulal Khimji ...... Plaintiff Plaintiff Plaintiff vs vs vs Waman Waman Waman Mahadev Dixit Mahadev Dixit Mahadev Dixit ...... Defendant Defendant Defendant & Geeta Geeta Geeta Dixit & ors Dixit & ors Dixit & ors ...... Respondent Respondent Respondent Ms.Manjari Ms.Manjari Ms.Manjari Shah Shah Shah i.b Thakore Jariwala for i.b Thakore Jariwala for i.b Thakore Jariwala for Plff CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : : : 29th January, 2007 29th January, 2007 29th January, 2007 P.C. P.C. P.C. 1.1.1. The Notice of Motion as well as the Camber The Notice of Motion as well as the Camber The Notice of Motion as well as the Camber Summons Summons Summons have been served upon the respondents by have been served upon the respondents by have been served upon the respondents by courier courier courier on on on 13th December, 2006. Affidavit in reply 13th December, 2006. Affidavit in reply 13th December, 2006. Affidavit in reply isisis filed. Notice of motion is made absolute in filed. Notice of motion is made absolute in filed. Notice of motion is made absolute in terms terms terms of prayer clause (a) (b) (c) and (d). of prayer clause (a) (b) (c) and (d). of prayer clause (a) (b) (c) and (d). Chamber Chamber Chamber summons summons summons is made absolute in terms of prayer is made absolute in terms of prayer is made absolute in terms of prayer clauses clauses clauses (a) (b) and (c). The abetment is set (a) (b) and (c). The abetment is set (a) (b) and (c). The abetment is set aside. aside. aside. Dismissal order is also set aside. Suit is Dismissal order is also set aside. Suit is Dismissal order is also set aside. Suit is restored restored restored to file. to file. to file. 2.2.2. The plaintiff shall amend the plaint to bring The plaintiff shall amend the plaint to bring The plaintiff shall amend the plaint to bring respondents respondents respondents on record as party defendants within on record as party defendants within on record as party defendants within two two two weeks from today. The plaintiff shall serve weeks from today. The plaintiff shall serve weeks from today. The plaintiff shall serve copy copy copy of the plaint along with the amended writ of of the plaint along with the amended writ of of the plaint along with the amended writ of 2 summons summons summons upon respondents within 4 weeks. upon respondents within 4 weeks. upon respondents within 4 weeks. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)