1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.13 OF 2010 IN TESTAMENTARY SUJIT NO.66 OF 2005 IN TESTAMENTARY PETITION NO. 335 OF 2005 Sharda Nana Shinde. ..Plaintiff. Vs. Dhananjay N. Shinde. ..Defendant. Mr. D.Sehgal for the Petitioner. Mr. S.S.Kittad i/by S. Ashwinikumar & Co. for the Defendant. CORAM : R.S. MOHITE, J. DATE : 25th June, 2010 P.C. 1 This is a chamber summons for amending the plaint in testamentary suit as per the schedule annexed to the chamber summons. On perusing the schedule annexed to the chamber summons, the averments which are contained only amendment that can be allowed is the addition of Para-3 after Para-2 to the schedule of the property of the deceased as submitted in Testamentary Petition No.335/2005. Chamber summons is allowed to that extent. In so far as other averments sought to be added in the schedule, same are for the purpose of interim relief and for appointment of court commissioner. In so far as prayers for injunction are concerned those reliefs cannot be granted by any interim application made in the testamentary suit. In so far 2 as the appointment of Court Commissioner is concerned that can be made by a separate interim application after the amendment is allowed and does not necessary to grant it as the main prayer in the suit. Chamber summons is disposed off with the above directions. (R.S. MOHITE, J.)