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2008 Supreme(SC) 1377

ALTAMAS KABIR, MARKANDEY KATJU
Babulal Khandelwal – Appellant
Versus
Balkrishan D. Sanghvi – Respondent


Advocates appeared:
For the Appellant :Mohit D. Ram and Ms. Meenakshi Arora, Advocates.
For the Respondents:S.S. Hariharan and Subramonium Prasad, Advocates.

JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. On 14th February, 2005, the Respondent No.1, Balkishan D. Sanghvi, filed suit No. 457 of 2005 in the Bombay High Court for administration of the Estate of his deceased parents Dwarkadas Sanghvi and Vimlaben Sanghvi, who were also the parents of the Respondents No.1, 2, 3 and 6. While the Respondents Nos. 1, 2 and 6 are the sons of the deceased, the Respondent No.3 is their daughter and the Respondents Nos. 4 and 5 are her husband and son respectively.

3. During the pendency of the suit, the Respondent No.1/Plaintiff filed Chamber Summons No.1270 of 2005 for impleading the Appellants herein as parties to the suit and to challenge the alienation of two properties, one to Prolific Consultancy Services (Mumbai) Pvt. Ltd. and the other to the Appellants herein. By judgment and order dated 13th February, 2006, the learned Single Judge of the Bombay High Courtallowed the Chamber Summons and permitted the plaint to be amended as a result whereof the appellants herein stood impleaded as defendants Nos.7 to 12 in the suit on the ground that they were necessary parties to the suit, despite their objection that the Respondent No.8 is a company













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