Applicants who are original plaintiffs have filed chamber summons no. 55 of 2014 inter alia praying for amendment to the plaint as per schedule appended thereto. The applicants seek to implead two of the parties as party defendants to the suit. Chamber Summons (L) No. 1075 of 2014 is filed by the applicants inter alia praying for amendment to the plaint as per schedule appended thereto by which the applicant seeks to amend some of the paragraphs of the plaint.

2. The applicants have filed the suit inter alia praying for declaration that each of the plaintiffs are entitled to 1/5th undivided share, right title and interest or such other share as may be determined by this court in the estate of the deceased Mr. Ramkrishna P. Mhatre who was father of the plaintiffs and the defendants. The Applicants have also prayed for partition of the entire estate by metes and bounds and have also challenged the alleged gift deed dated 31st December, 2003 executed by the said deceased in favour of defendant no.1 and for a declaration that the same is invalid, void, forged, fabricated and not binding upon the plaintiffs. Some of the relevant for the purpose of deciding these two chamber summons which were heard together and are being disposed of by common order are as under :

3. It is the case of the applicants that prior to 1970 the deceased was karta or manager of the joint family and/or Hindu Undivided Family comprising of his wife along with the plaintiffs and the defendants. On 27th February, 1971 by deed of partition, executed by and between the said deceased, his wife Mrs. Sumati R. Mhatre, the plaintiffs and the defendants various properties came to be partitioned. On 30th November, 2009, mother of the parties herein died intestate. On 21st February, 2004 the said deceased father of the parties expired intestate at the age of 94 years.

4. It is the case of the applicants that during the period between 2010 and 2012 the applicants and the defendants amicably administered some of the known properties forming part of the estate of their late mother with an exception of her rights in the said properties. Plaintiff no. 2 became secretary of Kasturi Apartment Co-operative Society Limited in the year 2008 which building was located on the portion of the land bearing CTS No. 94(D) which land was adjoining the property bearing CTS No. 94(C). In the plaint it is the case of the applicants that in the year 1999, in the managing committee meeting of the said society, the applicant no. 2 came across the property card in respect of the said property which showed that the defendant no. 1 was the owner of not only plot bearing CTS No. 94(D) on which the said society building was constructed but also in respect of the adjoining plot bearing CTS NO. 94(C) on which residential house known as Pandurang Ashram was located.

5. The applicant no. 2 thereafter applied for conducting search in the office of sub registrar on 22nd June, 2009 in respect of the title of the said property. She also applied to the Public Information Officer of the Sub Registrar's office in the month of June, 2010 for seeking information in respect of the alleged gift deed. The authorities stated that the registration was rejected under section 34 of the Registration Act, 1908. During the period between 2010 and 2011, the applicant no.2 applied for various other details from the office of the Sub Registrar and also Nagar Bhumapan Officer regarding improper transfer of the property bearing CTS No. 94(C). Applicant no.1 also independently applied for various details in respect of the plots in question. On 29th June, 2012 applicants filed this suit (1964 of 2012).

6. In the suit no. 1964 of 2012, plaintiffs filed notice of motion for interim reliefs. The defendant no. 1 filed affidavit in reply in the said notice of motion (2139 of 2012). In paragraph 10 of the affidavit in reply it is contended by the defendant no.1 that under the same gift deed, the said deceased had gifted prope