bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY OROGINAL CIVIL JURISDICTION OROGINAL CIVIL JURISDICTION OROGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 398 OF 2007 SUMMONS NO. 398 OF 2007 SUMMONS NO. 398 OF 2007 IN IN IN WRIT WRIT WRIT PETITION NO. 2217 OF 2007 PETITION NO. 2217 OF 2007 PETITION NO. 2217 OF 2007 Gracey Peter Barnes ... Petitioner V/s Shri Sharma, Chairman of the Society & ors. ... Respondents Petitioner in person. Ms.Sonali Humane i/by Sachin Manale for Resp.Nos.1 & 2. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 1ST FEBRUARY, 2008. 1ST FEBRUARY, 2008. 1ST FEBRUARY, 2008. P.C. P.C. P.C.: 1. The petitioner has taken out chamber summons for seeking relief of amendment to the writ petition as per the schedule to the chamber summons and relief by way of injunction restraining respondents No.3, 9 and 10 from issuing any such orders to the petitioner to deposit Rs.2,64,605/- and for dispossessing the petitioner from the suit premises. 2. In so far as the chamber summons seeking leave to amend is concerned, we are inclined to grant the same. In respect of recovery which is sought to be made by the 2 respondent society this, this Court need not interfere in the matter as the claim is based on outgoings charged to all the occupant members of the society and the petitioner specifically states that she is not liable to pay any charges or outgoings to the society though she admits that she is residing in the concerned flat but states that it does not belong to her. The issue can be taken up at the time of admission. 3. Therefore, the chamber summons is made absolute in terms of prayer clause (a) only. 4. Necessary amendment be carried out within two weeks from today. Necessary amendment be placed on record and furnish the copy of the same to the respondents. Matter be listed for admission after two weeks. 5. S.O. after two weeks. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)