1 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 CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.135 OF 2007 NO.135 OF 2007 NO.135 OF 2007 inin in SUIT SUIT SUIT NO.157 NO.157 NO.157 OF 2005 OF 2005 OF 2005 Maltibai Maltibai Maltibai M.Raut & anr M.Raut & anr M.Raut & anr ...... Plaintiffs Plaintiffs Plaintiffs vs vs vs Rajesh Rajesh Rajesh J.Muchhala J.Muchhala J.Muchhala & ors .. Defendants & ors .. Defendants & ors .. Defendants & Niraj Niraj Niraj Bramnadutt Bramnadutt Bramnadutt Soni ... Applicant Soni ... Applicant Soni ... Applicant Mr.Ashok Mr.Ashok Mr.Ashok Mishra Mishra Mishra i.b Pandey & Co for Plaintiff i.b Pandey & Co for Plaintiff i.b Pandey & Co for Plaintiff Mr.R.C.Kaushik Mr.R.C.Kaushik Mr.R.C.Kaushik for for for Applicant Applicant Applicant CORAM CORAM CORAM : : : S.J.Vazifdar, J S.J.Vazifdar, J S.J.Vazifdar, J DATED DATED DATED : : : 27th February, 2008 27th February, 2008 27th February, 2008 P.C. P.C. P.C. 1.1.1. The applicant claims to have a prior right in The applicant claims to have a prior right in The applicant claims to have a prior right in respect respect respect of the suit property under the Deed of of the suit property under the Deed of of the suit property under the Deed of conveyance conveyance conveyance dated 22nd July, 1991. The conveyance dated 22nd July, 1991. The conveyance dated 22nd July, 1991. The conveyance has has has also also also been lodged for registration. The suit is been lodged for registration. The suit is been lodged for registration. The suit is filed filed filed for adeclaration that the conveyance dated for adeclaration that the conveyance dated for adeclaration that the conveyance dated 19th 19th 19th February, 1999 is illegal and void. The February, 1999 is illegal and void. The February, 1999 is illegal and void. The claims claims claims of the parties are based on a common vendor. of the parties are based on a common vendor. of the parties are based on a common vendor. 2.2.2. In the circumstances, it will be necessary to In the circumstances, it will be necessary to In the circumstances, it will be necessary to have have have the disputes decided in the same proceeding. the disputes decided in the same proceeding. the disputes decided in the same proceeding. 3.3.3. Chamber Summons is made absolute in terms of Chamber Summons is made absolute in terms of Chamber Summons is made absolute in terms of prayer prayer prayer clause (a). Liberty to the applicant to clause (a). Liberty to the applicant to clause (a). Liberty to the applicant to apply apply apply for the reliefs including other reliefs for the reliefs including other reliefs for the reliefs including other reliefs claimed claimed claimed in this Chamber Summons after amendment is in this Chamber Summons after amendment is in this Chamber Summons after amendment is carried carried carried out. Amendment to be carried out within out. Amendment to be carried out within out. Amendment to be carried out within six six six weeks from today. weeks from today. weeks from today. 2