mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. OF 2010 IN TESTAMENTARY SUIT NO. 41 OF 2002 IN TESTAMENTARY PETITION NO.283 OF 2002 Radhakishan Gagandas Hinduja ...Petitioner/Plaintiff Vs. Smt. Ishwari @ Meena Amarlal Chawla ...Caveator/Defendant And Rajkumar Radhakishan Hinduja ...Applicant Mr. Sameer Vaidya i/b. Ms. A.H. Masand for Petitioner Mr. Bharat Kothari i/b. D.A. Barat for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 24TH AUGUST, 2010 P.C. : 1. The Petitioner expired on 9th June 2010. The entry relating to the death of the Petitioner in the Petition is required to be made as a matter of course. However, the legal heirs of the deceased Plaintiff cannot be brought on record, because the executor has only a legal interest in the Testamentary Suit, which cannot survive to his heirs. 2. Consequently, the Petition abates and is disposed off as such. 3. Chamber Summons is also disposed off accordingly. (SMT. ROSHAN DALVI, J.)