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2019 Supreme(Bom) 63

R.D.DHANUKA
Geeta Patel D'Souza – Appellant
Versus
Girnar Apartments Co-operative Housing Society Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Abhishekh H. Khare, Mr. K.T. Kukreja, Ms. Bhumika Gada, Arvind Manghirmalani
For the Defendants : Mr. Punit Anand, Mr. S.Y. Sirsikar, Ms. Hina Khan, Mr. Siddharth R.

JUDGMENT :

R.D. DHANUKA, J.

1. By these two chamber summonses filed by the applicants, the applicants in both the chamber summonses have prayed for condonation of delay in filing chamber summonses and for their respective impleadment as plaintiffs in place of the original-plaintiff Sushilarani B. Patel who expired on 24th July 2014. By consent of parties, both the chamber summonses were heard together and are being disposed of by a common judgment. The relevant facts for the purpose of deciding these two chamber summonses are as under.

2. The original-plaintiff Sushilarani B. Patel filed a suit on 18th February 2014 inter-alia praying for a declaration that the defendant no. 1 therein had committed breaches of the terms of Lease Deed dated 2nd August 1963 read with the indenture of assignment dated 27th September 1972 as per show cause notice and various other reliefs. The said Suit No. 341 of 2014 is pending. During the pendency of the said suit, the said Sushilarani B. Patel, original-plaintiff expired on 24th July 2014.

3. In so far as the Chamber Summons No. 450 of 2015 is concerned, it is the case of the applicant that prior to the date of filing of the said suit, the original-pla





















































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