1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.50 OF 2010 IN ‘TESTAMENTARY PETITION NO. 836 OF 2004 Kamlakar Gawade and ors. ..Petitioners. Vs. Bharati R.Waradkar and anr. ..Respondents. Ms.G. Desai along with Ms. Swati Margi for the petitioners. Mr. H.V.Kode for the Respondent No.2. in CTS No.50/2010. CORAM : R.S. MOHITE, J. DATE : 30.7.2010. PC : 1 This is a chamber summons taken out by the original respondent No.2 in Misc. Petition No.60/2007 for bringing the legal heirs of the deceased petitioner No.2 in the said Misc. Petition on record. The said Misc. Petition No.60/2007 was allowed by an exparte order and therefore, Notice of Motion No. 27/2009 has been taken out for setting side the said order. The petitioner No.2 expired on 1.12.2009 and after details were furnished by the Advocate for the petitioner, present chamber summons was filed on 26.2.2010. There is a slight delay in filing the chamber summons. Though the Advocate for the original petitioner seeks costs, I am not inclined to grant costs. In the circumstances, chamber summons is allowed in terms of prayer 2 clause (a) and stands disposed off. Amendment in the Notice of Motion No.27/2009 to be carried out within three weeks from today. S.O. to 27.8.2010. Advocate for the petitioner waives service of the amended copy. Other notice of motions on today’s board also to be kept on 27.8.2010. (R.S. MOHITE,J.)