IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION. TESTAMENTARY AND INTESTATE JURISDICTION. TESTAMENTARY AND INTESTATE JURISDICTION. CHAMBER SUMMONS No. 29 of 2007 IN SUIT No.51 of 1994 IN PETITION No. 238 of 1994. Krishna Manjunath Raykar ..Plaintiff. (Petitioner) Vs. Bhaskar Manjunath Raykar ..Applicant. Indiranarayan Seth Vernekar and Anr ..Respondents. Mr Devender Ailawadi Advocate for the Plaintiff. Mr A. R. Pandey with R.P. Oza, Advocate for the Caveator. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 18.02. 2008. DATED: 18.02. 2008. DATED: 18.02. 2008. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the parties. The applicant has taken out the present chamber summons to substitute the name of the deceased petitioner Krishna Manjunath Raikar. The death of the petitioner had taken place on 18.8.1997. Thereafter, it appears that there was compromise decree on 19.3.1999, which ultimately came to be set aside and while setting aside that decree learned Single Judge vide his order dated 14.2.2006 was pleased to grant four week’s time to move an application for setting aside the order of abatement. That is how, the present Chamber Summons has been moved. 2. Having heard rival parties, there is no doubt that there is some delay on the part of the present applicant to take out this chamber summons. However, the circumstances explained and the liberty granted by this Court can not be over looked. Considering the totality of the facts, circumstances and in the interest of justice delay is condoned subject to payment of costs of Rs. 5000/- to be paid to the opponents within one week from today. After payment of costs within one week thereafter, the necessary amendment in the cause title be carried out. Chamber summons is, accordingly, made absolute in terms of this order. 3. Suit to appear on board after two weeks. JUDGE. JUDGE. JUDGE.