1 chs1384-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No. 1384 of 2010 in Suit No. 2824 of 1985 Mahendra Builders Pvt. Ltd. & Another .. Plaintiffs v/s. Smt.Padmabai w/o.Ranchhodas V. Uka & Others ..Defendants/ Respondents Mr.Arif Bookwala, Sr. Counsel with Ms.Madhu Hiraskar i/b. Chitnis Vaithy & Co. for the Plaintiffs/Applicant in Chamber Summons. Ms.U.M.Zaveri for Respondent Nos.1 and 2 Mr.Rajeev Jadhav i/b.Y.R.Shah for the Respondent Nos.4 and 5 Mr.Sumit Raghani i/b/PDS Associates for the Respondent No.3 CORAM : R.Y.GANOO, J. DATED : 2nd December , 2010 P.C. : 1. Settlement between the parties was arrived at and respondent nos.1 to 5 to this Chamber Summons were to be added as parties and consent terms were to be taken up and decree was to be passed. It is 2 chs1384-10.sxw noticed that though the order for joining the respondent nos.1 to 5 was passed no formal amendment was carried out. The consent terms were engrossed and in the said consent terms it was mentioned that the present respondent nos.1 to 5 are to be joined as party defendants. Rest of the clauses were to operate as if they are joined as plaintiffs and defendants respectively as mentioned in the schedule to the Chamber Summons. 2. It is noted that plaint was not amended so as to bring respondent nos. 1 and 2 as plaintiff nos.3 and 4 and respondent nos.3, 4 and 5 as defendant nos.16, 17 and 18. However, decree came to be passed as per the said consent terms. 3. This chamber summons is taken out to complete the formalities of joining respondent nos.1 to 5 as appropriate parties on appropriate side. Learned advocates appearing on behalf of the respective respondents have not objection for granting this chamber summons. Accordingly, Chamber Summons is required to be disposed of in terms of prayer clauses (a) and (b). Hence following order is passed to dispose of the Chamber Summons. 3 chs1384-10.sxw ORDER i) Chamber Summons is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. ii) Amendment in terms of schedule to be carried out on or before 23.12.2010. iii) Suit is already disposed of. [R.Y.GANOO, J.]