- (1.)Applicants who are original plaintiffs have filed chamber summons no. 55 of 2014 inter alia praying for amendment to the plaint as per schedule appended thereto. The applicants seek to implead two of the parties as party defendants to the suit. Chamber Summons (L) No. 1075 of 2014 is filed by the applicants inter alia praying for amendment to the plaint as per schedule appended thereto by which the applicant seeks to amend some of the paragraphs of the plaint.
(2.)The applicants have filed the suit inter alia praying for declaration that each of the plaintiffs are entitled to 1/5th undivided share, right title and interest or such other share as may be determined by this court in the estate of the deceased Mr. Ramkrishna P. Mhatre who was father of the plaintiffs and the defendants. The Applicants have also prayed for partition of the entire estate by metes and bounds and have also challenged the alleged gift deed dated 31st December, 2003 executed by the said deceased in favour of defendant no.1 and for a declaration that the same is invalid, void, forged, fabricated and not binding upon the plaintiffs.
Some of the relevant for the purpose of deciding these two chamber summons which were heard together and are being disposed of by common order are as under :

(3.)It is the case of the applicants that prior to 1970 the deceased was karta or manager of the joint family and/or Hindu Undivided Family comprising of his wife along with the plaintiffs and the defendants. On 27th February, 1971 by deed of partition, executed by and between the said deceased, his wife Mrs. Sumati R. Mhatre, the plaintiffs and the defendants various properties came to be partitioned.
On 30th November, 2009, mother of the parties herein died intestate. On 21st February, 2004 the said deceased father of the parties expired intestate at the age of 94 years.