- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 1479 OF 2009 IN SUIT No. 1906 OF 2007 Rajesh Nanji Shah alias Gada ... Plaintiff Vs. Hansaben Nanji Shah alias Gada & Ors. ... Defendants And Shyam Kamal “A” Cooperative Housing Society Ltd. & Ors. ... Respondents *** Mr. D. H. Mehta i/b V. N. Aji Kumar, for the Plaintiff. Mr. Piyush M. Shah, for Defendant Nos. 1 to 3. Mr. Sanjay Jain a/w Mr. V. Kunduru i/b Ms. Kunduru & Kunduru, for defendant Nos. 4 and 5. *** CORAM : S. J. VAZIFDAR, J. DATE : SEPTEMBER 30, 2009. PC :- 1. The suit is filed for the administration of the estate of the plaintiff’s deceased father. Defendant Nos. 2 to 5 and the plaintiff are the children of the said deceased and defendant No.1. 2. By this Chamber Summons, the plaintiff seeks to include various properties, alleging the same to be part of the estate of his deceased father. This is denied by defendant Nos. 1, 2 and 3. - 2 - It is not necessary at this stage to consider the rival contentions regarding the title to the properties. That will be decided subsequently. 3. The plaintiff also seeks to implead the Society in which the suit properties are situate. I see no reason to allow the amendment to this extent. It is not necessary to drag the Society into this litigation. Subject to any rights that the Society may themselves have, the Society would be bound by the orders that are passed in this suit. 4. In the circumstances, the Chamber Summons is made absolute in terms of prayer (b), restricted to Item Nos. 3 to 6 of the Schedule to the Chamber Summons. Item Nos. 1 and 2 of the said Schedule are not allowed as they pertain to the Society and I have held above that the Society is not entitled to be impleaded. 5. The amendment to be carried out within 4 weeks.