KRISHNABAI C KADAM Vs. WELLWORTH DEVELOPERS

JUDGEMENT

(1.) THIS Chamber Summons has been taken out by defendant Nos. 1 to 4 in this suit seeking striking out of a part of the plaint and also seeking a direction to the plaintiffs to elect between some of the prayers made in the plaint.

(2.) MR. Anil Divan, learned Senior Counsel with Mr. Shyam Divan, have appeared for defendant Nos. 1 to 4 in support of this Chamber Summons whereas Mr. Dwarkadas, learned Senior Counsel with Mr. Samdani have appeared for the plaintiffs to show cause as to why this Chamber Summons should not be granted.

(3.) BEFORE I deal with the prayers in the Chamber Summons, it is necessary to refer to the factual aspect of the controversy between the parties leading to this Chamber Summons. This suit has been filed by one Smt. Krishnabai C. Kadam (plaintiff No. 1) who is the widow of one Chandrarao Kadam, who died in Mumbai on 23rd August 1995 at the age of about 91 years. The other plaintiffs to the suit are the heirs of Chandrarao Kadam. Defendant No. 1 is a partnership concern dealing in development of properties. Defendant Nos. 2 to 4 are its partners. Defendant Nos. 5 and 6 are other heirs of the Late Chandrarao Kadam who are proforma defendants.