LAWS(BOM)-2014-7-190

NIPUN THAKKAR Vs. RAMESH NANALAL SHAH

Decided On July 16, 2014
Nipun Thakkar Appellant
V/S
Ramesh Nanalal Shah Respondents

JUDGEMENT

(1.) BY this chamber summons applicant seeks permission for impleadment as a party and seeks deletion of defendant nos. 2(a) to 2(c), 3(a) to 3(e) and 7 and seeks permission to carry out amendment to the execution application, Judges Order No. 58 of 2012, Judges Order No. 59 of 2012 as per schedule annexed to the chamber summons.

(2.) APPLICATION for amendment is filed on the basis of the deed of assignment in favour of the applicant entered into between defendant nos. 2(a) to 2(c) vide deed of assignment, dated 5th July, 2012, between defendant no. 7 and applicant vide deed of assignment dated 5th July, 2012, by defendant nos. 3(a) to 3(e) vide deed of assignment dated 16th July, 2012 and by defendant no. 10 vide deed of assignment dated 21st March, 2014. All these assignors under the said four deeds of assignment are parties to the suit or are brought on record in view of the demise of the original defendants.

(3.) CHAMBER summons is however opposed by defendant no. 5 and the plaintiff on various grounds.