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. 1234 OF 2006 SUMMONS NO. 1234 OF 2006 SUMMONS NO. 1234 OF 2006 IN IN IN APPEAL APPEAL APPEAL NO. 204 OF 1997 NO. 204 OF 1997 NO. 204 OF 1997 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 42 OF 1996 OF MOTION NO. 42 OF 1996 OF MOTION NO. 42 OF 1996 IN IN IN SUIT SUIT SUIT NO. 3658 OF 1995 NO. 3658 OF 1995 NO. 3658 OF 1995 1. Ramavtar Surajmal Modi & Anr. ] .. Appellants (Ori.Def.1 & 5) Versus 1. Banarasibai M. Modi & 4 ors. ] .. Respondents (Ori.Pltff. & Def Nos.2 to 4 & 6) Mr. H.J. Thakkar with Mr. R.D. Suvarna for the appellant/applicant. Mr. A.D. Kango for the respondents. CORAM: R.M. LODHA, & J.H. BHATIA, JJ. DATED: 10TH NOVEMBER, 2006 P.C. : . At the outset, the counsel for the applicants handed in the draft amendment to the Chamber Summons marked "X" for identification purposes. 2. The counsel for the respondents has no objection if amendment to the Chamber Summons is granted. : 2 : 3. We, accordingly, grant leave to the applicants to amend the prayers in the Chamber Summons as proposed. Amendments to be carried out immediately. 4. The counsel for the respondents has no objection as well if Chamber Summons is granted in terms of prayer clauses (a), (b) and (c). 5. Chamber Summons is accordingly made absolute in terms of prayer clauses (a), (b) and (c). Prayer clauses (a), (b) and (c) read thus: "(a) Abatement of Appeal as against Original Respondent No.1 be set aside; (b) Delay in taking out this Chamber Summons be condoned; (c) The heirs of Original Respondent No.1 as listed in Annexure "A" to this Chamber Summons, be joined as party Respondent Nos.1(A) to 1(I) to the Appeal. 6. Necessary amendment to be carried out in the Appeal within two weeks from today. . Chamber Summons stands disposed of. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] : 3 : Sd/- [J.H. [J.H. [J.H. BHATIA, J.] BHATIA, J.] BHATIA, J.]