Judgment · High Court · 2009

Smt. Sunanda w/o Ramakant Desai & Ors. … Defendants. Ms. Neeta Solanki i/b Kiran Jain & Co. Advocate for the plaintiffs. None for defendants. CORAM: R. G. KETKAR, J. DATED: 25th September, 2009. P.C. 1 This Chamber Summons is taken out by the plaintiffs seeking amendment to the plaint as per Schedule “A” annexed to the Chamber Summons. The Chamber Summons was on board on 11th September, 2009 when none appeared on behalf of the defendants. The plaintiffs were directed to serve notice to the defendants indicating that the above Chamber Summons will appear on board on 2 Friday i.e. on 25th September, 2009. In addition the plaintiffs have made affidavit of service of Vijay Jadhav working as Clerk in the office of the plaintiffs’ advocates. 2 My attention is drawn to the order dated 2nd April, 2008 passed by this Court (S.C. Dharmadhikar, J) in Chamber Summons No. 422 of 2008 in Suit No. 377 of 2006. The learned counsel for the plaintiffs states that the controversy raised in that suit was in respect of flat and the controversy raised in respect of the flat in the present suit are situate in building known as “Dulab Prasad”. In paragraph 5 of the affidavit in support of the present Chamber Summons, it is contended that after filing of the suit, the documents were obtained under the Right to Information Act, 2005. Despite service none appeared on behalf of the defendants. There is also mention in affidavit in paragraph 9 to the effect that the documents came in the custody of the plaintiffs, subsequent to the filing of the suit. Considering the averments made in the affidavit in support of the Chamber Summons, the Chamber Summons is made absolute in terms of prayer clause (a) with no orders as to costs. 3 Amendment will be carried out within six weeks from today. Copy of the amended plaint will be served on 3 the defendants. Thereafter, the defendants are at liberty to file written statement within six weeks after the service of the amended plaint on them.

(R.G. KETKAR, J)