NMS3609-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3609 OF 2009 IN SUIT NO.2211 OF 2009 Mrs.Kailas Chandravadan Painter .. Plaintiff Versus Manohar Ransukhlal Shah @ Ors. .. Defendants Mr.Rakesh Kumar i/b. V.S.Jabra for plaintiff Mr.S.B.Prabhavalkar for defendant No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 19th November 2010. P.C.: 1] Mr.Rakesh Kumar appearing for plaintiff states that in the affidavit filed by defendant No.1 (Manohar Shah @ Painter), the first defendant had as early as on 14th July 2009 stated that plaintiff has not impleaded all the heirs and legal representatives of the deceased. It is stated that Ramniklal died in Mumbai in the year 1985 leaving behind himself his widow who expired on 30th April 2005, two sons i.e. Husband of plaintiff and defendant No.1 so also sister of the deceased Hemlata Sethia (since expired on 7th September 1994). Further, the NMS3609-09 2 late Hemlata left behind her husband Gulab Sethia and her son Rakesh as necessary parties because they are also having 1/3rd equal share in the flat. 2] On noticing these averments, Mr.Rakesh Kumar appearing for plaintiff states that plaintiff would take necessary steps to implead these persons as party defendants to the suit and for that purpose the plaintiff would adopt appropriate proceedings. In such circumstances, this notice of motion is allowed to be withdrawn with liberty to file fresh notice of motion after impleading all parties. 3] Learned Advocate appearing for first defendant states that addresses of the legal heirs whose names are mentioned in the affidavit of the first defendant shall be provided within a week. (S.C.DHARMADHIKARI, J)