[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 1685 OF 2008 IN APPEAL (L) NO. 1146 OF 2007 IN SUIT NO. 1294 OF 1986 Prakash Narsingh Shah & Ors. ... Appellants [Orig.Deft.Nos.1 to 4] Vs. Kishore Narshingh @ Hiralal Shah and ors. ... Respondents. [Orig.Plaintiffs.] And 2(a) Mr. Aditya Rajan Pancholy alias Nirmal Rajan Pancholy 2(b) Mrs. Shraddha Singh 2(c) Mr. Anand Rajan Pancholy ... Prop.Respondents. Mr. Bharat Vaishnawa i/b. M/s.Bharat Vaishnawa & Co. for the appellants. Mr. N.C.Parikh alongwith Manisha Poladia i/b. M/s. Mansukhlal Hiralal & Co. for the respondents. [ 2 ] CORAM CORAM CORAM : : : S.B.Mhase and A.A.Sayed, JJ. S.B.Mhase and A.A.Sayed, JJ. S.B.Mhase and A.A.Sayed, JJ. DATE DATE DATE : April 13, 2009. : April 13, 2009. : April 13, 2009. P.C. 1. This Chamber summons is taken out for multiple reliefs. The prayer (a) and (b) of the chamber summons are in respect of the appellant No. 3(a), while the prayer (c) is in respect of the respondent No. 2, who is reported to be dead and her heirs are respondent Nos. 2(a), 2(b) and 2(c) who are already on record. Therefore, instead of granting prayer (a) and (b) of the chamber summons, we direct the appellant to show as against the appellant 3(a) as "Dead" to be represented by heirs 3(b), 3(c) and 3(d) and incorporate their addresses as shown in the Schedule-I. 2. So far as respondent No. 2 is concerned, he is dead. The chamber summons appears to be within time. However, the prayer in respect of respondent No.2 is that the name of the respondent No. 2 be deleted and her heirs i.e. 2(a), 2(b) and 2(c) be brought on record. We direct the appellant to show against the name of respondent No.2, as "Dead" and then his legal representatives 2(a), 2(b) and 2(c) be added as shown in Schedule -II. [ 3 ] 3. Therefore the Chamber Summons is allowed in the above terms instead of the prayers as made in the chamber summons. Necessary amendments be carried out in the appeal memo and in the suit, within a period of two weeks. 4. List the appeal on 27.4.2009. [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.] [S.B.Mhase, [S.B.Mhase, [S.B.Mhase, J.] J.] J.] [ 4 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 559 OF 2007 IN APPEAL NO. 1065 OF 2000 IN SUIT NO. 1294 OF 1986 Prakash Narsingh Shah & Ors. ... Appellants [Orig.Deft.Nos.1 to 4] Vs. Kishore Narshingh @ Hiralal Shah and ors. ... Respondents. [Orig.Plaintiffs.] and Poonam A. Moitra ... Proposed respondent. Mr. Bharat Vaishnawa i/b. M/s.Bharat Vaishnawa & Co. for the appellants. Mr. N.C.Parikh alongwith Manisha Poladia i/b. M/s. Mansukhlal Hiralal & Co. for the respondents. CORAM CORAM CORAM : S.B.Mhase and A.A.Sayed, JJ. : S.B.Mhase and A.A.Sayed, JJ. : S.B.Mhase and A.A.Sayed, JJ. DATE DATE DATE : April 13, 2009. : April 13, 2009. : April 13, 2009. P.C. 1. This chamber summons is taken up on board by [ 5 ] consent. 2. This Chamber summons is taken out to bring the legal heirs of respondent No. 3 on record. Respondent No.3 died on 5.3.2007. The application to bring the legal representative on record has been filed within time, therefore, it is allowed. 3. We direct the appellant to show against the name of respondent No.3 as "Dead" and the name of Poonam A. Moitra being legal heir of respondent No.3 be shown as respondent No. 3(a) alongwith her address as shown in the schedule. 4. Necessary amendment be carried out in the appeal memo and in the suit, within a period of two weeks. 5. List the appeal on 27.4.2009. [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.] [S.B.Mhase, [S.B.Mhase, [S.B.Mhase, J.] J.] J.]