pvr 1 ch970-a24-ch1486-a137 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.970 OF 2009 IN APPEAL NO.24 OF 2004 IN NOTICE NO.824 OF 2002 IN EXECUTION APPLICATION NO.5 OF 1994 IN SUIT NO.1538 OF 1983 1.Herbert Joseph Pereira & Ors. ...Appellants vs. 1.Omprakash Navani & Ors. ...Respondents --- Mr.P.K.Samdhani, Sr.Advocate with Mr.Gaurav Joshi i/b. Udawadia & Udeshi, for Appellants. Mr.Ravi Kadam, Advocate General with Mr.J.Bhatt, Sr.Advocate & Ms.A.Wandrewala i/b. Akshay Wani, for Respondent nos.1 & 2. AND CHAMBER SUMMONS NO.1486 OF 2009 IN APPEAL NO.137 OF 2004 IN CHAMBER SUMMONS NO.1479 OF 2002 IN SUIT NO.1538 OF 1983 pvr 2 ch970-a24-ch1486-a137 1.Om Prakash Navani & Anr. ...Appellants vs. 1.Herbert Joseph Pereira & Ors. ...Respondents --- Mr.Ravi Kadam, Advocate General with Mr.J.J. Bhatt, Sr.Advocate & Ms.A.Wandrewala i/b. Akshay Wani, for Appellants. Mr.P.K.Samdhani, Sr.Advocate with Mr.Gaurav Joshi i/b. Udawadia & Udeshi, for Respondents 1 to 5. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 25th July,2011. P.C.:- 1. These are two chamber summons taken out in two appeal. Parties to both these appeals are common. The property involved in these appeals are also common. The chamber summons are opposed by the parties. In our opinion, the chamber summonses can be allowed, so that amendment in the memorandum of appeals can be carried out, pvr 3 ch970-a24-ch1486-a137 keeping all the contentions of the parties open including the question whether Execution application no.5 of 1994 is competent and validly taken out on the date on which it is taken out , and both the appeals can be heard finally. 2. Chamber summons no.970 of 2009 is granted in terms of prayer clauses (a), (b) & (c). Chamber Summons no.1486 of 2009 is granted in terms of prayer clauses (a) & (b). Amendment to be carried out within a period of one week from today. Both the Chamber summonses are disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.) ---