1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1492 OF 2009 IN SUIT NO.1047 OF 1980 Smt.Laila I.Bharucha and Others .. Plaintiffs Vs. Smt.Nirmala K.Shah & Anr. . .. Defendants And Smt.Varsha Nilesh Shah .. Respondent Mr.R.S.Ghadge with Mr.Hatim Nandalal Kothari and Sabir for Plaiintiffs.. Mr.P.G.Lad for Defendant No.1. Mr.D.W.Bhosale for proposed Defendant No.2. CORAM : S.C.DHARMADHIKARI J. DATE : 11TH DECEMBER, 2009 P.C. : 1. Heard Mr.Ghadge appearing on behalf of the Plaintiff, Mr.Lad appearing on behalf of Defendant No.1 and Mr.Bhosale for proposed Defendant No.2. 2. Defendant No.2 expired on 23rd March, 2008. Chamber Summons is moved in September 2009 however there is no affidavit in reply. For the reasons set out in the affidavit in support and finding that sufficient cause is made out for not being able to move the Court earlier, Chamber Summons is made absolute in terms of prayer clauses (a) to (e). No order as to costs. 3. Amendment to be carried out within four weeks from today. 4. Advocate for the Respondent waives service of writ of summons on the newly added Defendant. (S.C.DHARMADHIKARI, J.)