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.414 OF 2007 SUMMONS NO.414 OF 2007 SUMMONS NO.414 OF 2007 inin in SUIT SUIT SUIT NO.1777 OF 2004 NO.1777 OF 2004 NO.1777 OF 2004 Salma Salma Salma Asgarali Makati & ors .. Plaintiffs Asgarali Makati & ors .. Plaintiffs Asgarali Makati & ors .. Plaintiffs vs vs vs Shabbir Shabbir Shabbir Shaikh Shamsuddin Pachorawala Shaikh Shamsuddin Pachorawala Shaikh Shamsuddin Pachorawala & anr anr anr ...... Defendants Defendants Defendants Mr.Rashid Mr.Rashid Mr.Rashid Khan i.b M/s Zaidy & Co for Plaintiff Khan i.b M/s Zaidy & Co for Plaintiff Khan i.b M/s Zaidy & Co for Plaintiff Mr.Sanjay Mr.Sanjay Mr.Sanjay Jain i/b RMG Law for Deft no.1/Applicant Jain i/b RMG Law for Deft no.1/Applicant Jain i/b RMG Law for Deft no.1/Applicant inin in Ch.Summons No.414/07 Ch.Summons No.414/07 Ch.Summons No.414/07 Mr.M.J.Jamdar Mr.M.J.Jamdar Mr.M.J.Jamdar a/w Mr.Hemant Ghadigaonkar for a/w Mr.Hemant Ghadigaonkar for a/w Mr.Hemant Ghadigaonkar for Applicant Applicant Applicant in Ch.Summons No.1272/07 in Ch.Summons No.1272/07 in Ch.Summons No.1272/07 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. This is the first defendant’s application for This is the first defendant’s application for This is the first defendant’s application for amendment amendment amendment of the Schedule to the plaint by of the Schedule to the plaint by of the Schedule to the plaint by including including including certain properties which he alleges form certain properties which he alleges form certain properties which he alleges form part part part of the estate of the deceased. of the estate of the deceased. of the estate of the deceased. 2.2.2. The learned counsel appearing on behalf of the The learned counsel appearing on behalf of the The learned counsel appearing on behalf of the plaintiff plaintiff plaintiff denies the same. denies the same. denies the same. 3.3.3. Although this is a suit for the administration Although this is a suit for the administration Although this is a suit for the administration of of of the estate of the deceased it is not necessary the estate of the deceased it is not necessary the estate of the deceased it is not necessary toto to compel the plaintiff to amend the Schedule of compel the plaintiff to amend the Schedule of compel the plaintiff to amend the Schedule of the the the properties regarding the estate of the properties regarding the estate of the properties regarding the estate of the deceased. deceased. deceased. Defendant no. 1 can always file a Defendant no. 1 can always file a Defendant no. 1 can always file a counter counter counter claim in this regard. Athough the Written claim in this regard. Athough the Written claim in this regard. Athough the Written statement statement statement has been filed and the time for filing has been filed and the time for filing has been filed and the time for filing the the the same same same has expired in view of the first defendant has expired in view of the first defendant has expired in view of the first defendant having having having adopted the present proceedings and in view adopted the present proceedings and in view adopted the present proceedings and in view of of of the nature of the present proceeding, the the nature of the present proceeding, the the nature of the present proceeding, the defendant defendant defendant no.1 is granted liberty to file a counter no.1 is granted liberty to file a counter no.1 is granted liberty to file a counter claim claim claim if any within 8 weeks from today. if any within 8 weeks from today. if any within 8 weeks from today.