IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1472 OF 2006. CHAMBER SUMMONS NO.1472 OF 2006. CHAMBER SUMMONS NO.1472 OF 2006. IN IN IN SUIT NO.677 of 2006. SUIT NO.677 of 2006. SUIT NO.677 of 2006. Jayashree D. Toprani & Anr. ..Plaintiffs versus Kusumben K. Toprani ..Defendant Mr. J.S.Kini for applicant Mr.Yashpal Jain for the respondents CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 16th February, 2009. DATED : 16th February, 2009. DATED : 16th February, 2009. P.C. 1. Heard the Chamber Summons. Counsel for the respondent drew my attention to the affidavit filed by the respondent where a statement is found " I am brother of the deceased and I do not have any property of any nature as alleged by the plaintiff" Counsel for the respondent, upon instructions stated that none of the respondent has any investment standing in the name of the concerned respondent and the deceased by name Dinesh Toprani. In view of this, Chamber Summons will have to be dismissed, at the same time liberty will have to be granted to the plaintiff to take out fresh chamber summons if he gathers some information about the -2- assets of the deceased. For the reasons mentioned aforesaid, I pass the following order. . Liberty as mentioned above is granted. There shall be no order as to costs. . Chamber Summons disposed of accordingly. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)