:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.105 OF 2008 SUMMONS NO.105 OF 2008 SUMMONS NO.105 OF 2008 IN IN IN APPEAL APPEAL APPEAL NO.42 OF 2005 NO.42 OF 2005 NO.42 OF 2005 IN IN IN SUIT SUIT SUIT NO.1994 OF 1990 NO.1994 OF 1990 NO.1994 OF 1990 Gulam Reza Mohammed Hassan mansuri ..Appellant Vs. P.K.Mohammed & Ors. ..Respondents And Habibulla Gulam Reza Mansoori & Ors. ..Applicants Mr.S.H.Patel for the Appellant. Mr.Uraizee A.S. for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. The learned Counsel for the Appellant pointed out that the Appellant has expired on 24th November, 2007. In view thereof, the Appellant has filed a Chamber Summons to bring on record the legal heirs of the Appellant. 2. Perused the Chambers Summons and the Affidavit-in-support thereof. For the reasons stated therein, sufficient cause is made out. Hence, the Chamber Summons is made absolute in terms of prayer clause (a). :2: 3. Amendment to be carried out within a period of two weeks from today. The learned Counsel Mr.Uraizee submits that a cause of action may not survive. It is made clear that the issue whether a cause of action survives or not, is expressly kept open. 4. Matter stands adjourned by four weeks. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)