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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.99 OF 2007 SUMMONS NO.99 OF 2007 SUMMONS NO.99 OF 2007 inin in EXECUTION EXECUTION EXECUTION APPLICATION NO.459 OF 2006 APPLICATION NO.459 OF 2006 APPLICATION NO.459 OF 2006 inin in SUMMARY SUMMARY SUMMARY SUIT NO. 178 OF 2005 SUIT NO. 178 OF 2005 SUIT NO. 178 OF 2005 Dilip Dilip Dilip A.Parekh A.Parekh A.Parekh ...... Plaintiff Plaintiff Plaintiff vs vs vs Kiran Kiran Kiran H.Trivedi H.Trivedi H.Trivedi ...... Defendant Defendant Defendant & Ms Ms Ms Parul Trivedi Parul Trivedi Parul Trivedi ...... Applicant Applicant Applicant Ms.S.S.Margi Ms.S.S.Margi Ms.S.S.Margi for Applicant for Applicant for Applicant Ms.Aswini Ms.Aswini Ms.Aswini Rupji i.b Ms Meena Fulbande for Plff Rupji i.b Ms Meena Fulbande for Plff Rupji i.b Ms Meena Fulbande for Plff Mr.V.G.Mehta Mr.V.G.Mehta Mr.V.G.Mehta for Defendant for Defendant for Defendant 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 Chamber Summons is placed on board and The Chamber Summons is placed on board and The Chamber Summons is placed on board and heard heard heard finally. A similar Chamber Summons being finally. A similar Chamber Summons being finally. A similar Chamber Summons being Chamber Chamber Chamber Summons No.1363 of 2007 was taken out by Summons No.1363 of 2007 was taken out by Summons No.1363 of 2007 was taken out by the the the applicant. An ad interim order dated 20th applicant. An ad interim order dated 20th applicant. An ad interim order dated 20th August, August, August, 2007 was passed therein. Through 2007 was passed therein. Through 2007 was passed therein. Through inadvertence, inadvertence, inadvertence, in para 5 it is recorded by me that in para 5 it is recorded by me that in para 5 it is recorded by me that the the the Chamber Summons stands disposed of. In fact, Chamber Summons stands disposed of. In fact, Chamber Summons stands disposed of. In fact, the the the Chamber Summons ought to have been made Chamber Summons ought to have been made Chamber Summons ought to have been made returnable. returnable. returnable. By a separate order By a separate By a separate order By a separate By a separate order By a separate order order order in Chamber Summons No.1363 of 2007 order in Chamber Summons No.1363 of 2007 order in Chamber Summons No.1363 of 2007 order dated dated dated 20th August, 2007 has been corrected by 20th August, 2007 has been corrected by 20th August, 2007 has been corrected by deleting deleting deleting para 5 and substituting the words " para 5 and substituting the words " para 5 and substituting the words " Chamber Chamber Chamber Summons is made returnable in normal Summons is made returnable in normal Summons is made returnable in normal course. course. course. " " " 2.2.2. In the circumstances, the present Chamber In the circumstances, the present Chamber In the circumstances, the present Chamber Summons Summons Summons is dismissed. is dismissed. is dismissed.