1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Appeal No.191 of 2009 With Notice of Motion No.1607 of 2009 In Chamber Summons No.321 of 2007 In Suit No.567 of 2007 Mulji Narpar Dedhia HUF Appellant Vs. Jitendra Bhimshi Shah HUF & ors. Respondents Mr.Suneel D. Mogre for appellant. Mr.Kevic Setalvad i/b. M/s.Vimla & Co. for respondent no.1. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. June 26, 2009. P.C. 1. Heard. 2. Admit. 3. Respondents – original plaintiffs waive service. 4. By consent of the parties the Appeal is taken up for final hearing forthwith. 2 5. The impugned order arises from Chamber Summons No. 321 of 2007. We have noted that the Chamber Summons was mainly for seeking the amendment to the plaint as per the Schedule annexed to the Chamber Summons and by the impugned order that relief of amendment has been turned down. However, the other reliefs prayed for in the Chamber Summons have been granted by the impugned order and we are of the considered opinion that such reliefs have been granted without there being any specific motion taken out in the pending Suit. Undoubtedly the plaintiffs, if they so wish, have the remedy of challenging the order rejecting the prayer for amendment or / and to take out fresh motion for interim reliefs in the nature they were set out in the Chamber Summons, in the pending suit. 6. Hence the Appeal is allowed and the impugned order is hereby quashed and set aside to the extent of granting the reliefs in favour of the plaintiffs. We make it clear that this order will not come in the way of the plaintiffs to challenge the order of rejection of Chamber Summons for amendment of the plaint or to take out a fresh motion in the pending suit for other 3 reliefs. 7. We have noted down the undertaking of the learned counsel for the appellant that without prejudice to the rights and contentions, he will deposit a sum of Rs.3,28,780/- within four weeks from today. 8. Notice of Motion No.1607 of 2009 filed in this Appeal does not survive and the same stands disposed as such. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)