Dixit 1 APEAL-690-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.690 OF 2011 ALONG WITH NOTICE OF MOTION NO.3470 OF 2011 IN CHAMBER SUMMONS NO.718 OF 2010 IN SUIT NO.1212 OF 1991 Narayan Manik Patil, Decd., Thru’ Arun Narayan Patil & Ors. ... Appellants (Orig. Plaintiffs) V/s. Jaywant Jagannath Patil & Ors. ... Respondents (Orig. Defendants) Mr. N.K. Mudnaney for the Appellants. Mr. H. Toor, i/b. A.L.N. Khatri & Co., for Respondent No.1. Mr. Vivek Kantawala, i/b. Kantawala & Co., for Respondent Nos.65 to 69. Mr. Ram Singh for Respondent Nos.70 and 71. CORAM : D.K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : 1 ST DECEMBER, 2011. P.C. : 1. Admit. 2. Heard finally by consent of the Appellants, who are the Plaintiffs, and Respondent Nos.1 and 65 to 71. In view of the order that we propose to make, presence of other Respondents/Defendants is not relevant. Dixit 2 APEAL-690-11 3. Chamber Summons No.718 of 2010 was taken out by the Appellants/Plaintiffs for permission to join present Respondent No.65 to 71 as Defendants in the Suit. That Chamber Summons has been rejected by the learned Single Judge by her order dated 12th August, 2011. By consent of the Appellants/Plaintiffs, Respondent No.1, who is said to be the contesting Defendant, and Respondent Nos.65 to 71, the order impugned in the Appeal is set aside. Chamber Summons No.718 of 2010 is remitted back to the learned Single Judge for afresh hearing and decision in accordance with the law. 4. The Appeal is disposed off. 5. In view of this, the Notice of Motion does not survive and the same is disposed off. [ANOOP V. MOHTA, J.] [D.K. DESHMUKH, J.]