IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.716 OF 2008 IN SUIT NO.858 OF 2008 Fakruddin Mohd. Farook Khan .. Plaintiff Vs. Abdul Walli Zahidi Abdul Bari & Ors. .. Defendants And Shama Afroz Fakruddin Mohd.Khan & Ors. .. Applicants --- Mr.S.B.Pawar a/w Mr.R.J.Nirmal i/by S.K.Legal Associates for the plaintiff. Mr.Devasis Mitra for defendant no.17A. Mr.N.P.Dalvi i/by C.R.Naidu & Co for defendant nos.1 to 21. Mr.Mukesh Pandey for defendant no.22. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard the learned counsel appearing for the parties. A preliminary objection has been raised by the learned counsel appearing for the defendant no.17a that the suit itself is not maintainable. However, the said objection will have to be considered at appropriate stage. 2 2. The sole plaintiff expired on 17th April 2008 and present chamber summons has been taken out by the applicants for bringing their names on record as legal representatives of deceased plaintiff. The chamber summons has been lodged on 08th May 2008. 3. In view of averments made in affidavit in support, the chamber summons is made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within six weeks from today. The suit shall be placed for directions on 24th November 2008. (A.S. Oka,J)