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2017 Supreme(Bom) 1950

R.M.SAVANT, SARANG V.KOTWAL
Behram Nowrosji Gamadia – Appellant
Versus
Babli Samrathmal Seth – Respondent


Advocates Appeared:
Mr. Darius Khambata, Senior Advocate, a/w Mr. Snehal Shah, a/w Mr. S.V. Doijode, a/w Ms. Falguni Thakkar, a/w Mr. Saurish Shetye, i/b. Doijode Associates, for Appellant in Appeal No. 368/2017 and for R.No.3 & 4 in Appeal (L) No. 285/2017.

JUDGMENT :

R.M. SAVANT, J.

1. All the above Appeals to stand “Admitted”. By the consent of the Learned Counsel for the parties are taken up for hearing forthwith.

2. The above Appeals challenge the order dated 22-1-2017 passed by a Learned Single Judge of this Court by which order the Chamber Summons for impleadment being No.55 of 2015 filed by the Respondent Nos.5 and 6 herein came to be allowed and resultantly the said Respondent Nos.5 and 6 were directed to be impleaded as party Defendants to the Suit in question and consequential amendments were directed to be carried out in the Plaint.

3. The above Appeals involve common facts and an identical challenge. By the consent of the Learned Counsel for the parties the above Appeal No.368 of 2017 is treated as the lead matter.

The Applicants who are the executors of the Will of the original Plaintiff Nowrosji Jehangir Gamadia would be referred to as the original Plaintiffs whereas the Respondent Nos.5 and 6 would be referred to as the Applicants.

4. The facts giving rise to the filing of the above Appeal can in brief be stated thus:

The Appellants herein as indicated above are the executors of the Will of the original Plaintiff Nowrosji Jeha










































































































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