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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

CHAMBER SUMMONS NO.1209 OF 2008

IN

SUIT NO.1008 OF 2000

Mr. Quari Mohammed Zakir

Hussain

....Plaintiff.

V/s

F.E. Dinshaw Trust & Ors.

....Defendants.

Mr. S.J. Menon for plaintiff.

Ms. Mukta Gobse with Mr. S.B. Amin for defendants.

CORAM: V.M. KANADE, J.

DATE : 4TH AUGUST, 2009

P.C.:

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Heard the learned Counsel appearing on behalf of

plaintiff and the learned Counsel appearing on behalf of

defendants.

2.

This Chamber Summons is taken out by plaintiff for

amendment of the plaint. It is submitted that after the suit was

filed, the Court Commissioner was appointed for the purpose of

taking measurement of the property in view of the objections

raised by the defendants that the suit property has not been

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properly described. It is submitted that after the Commissioner

took measurement of the suit property and the report was

submitted, the plaintiff learnt that certain survey numbers

mentioned by him in the plaint are incorrect and that the

measurement of the said survey numbers was also incorrectly

given by the plaintiff in the suit. He, the