1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.854 OF 2008 IN SUIT NO.5199 OF 1994 Dominic Francis D'Sa ...Plaintiff Vs. Allwyn Bruce Cecil D'Sa & Ors. ...Defendants And Tukaram Dondiram Raut & Ors. ...Respondents Mrs. F.Vonagar i/b.D. D'Mello for Plaintiffs Mrs. P.Bhangale i/b. M. Janardhan & Co. for Defendant No.4 CORAM: SMT.ROSHAN DALVI, J. DATED: 22 ND SEPTEMBER, 2008 P.C. 1. The Respondent No.5 has expired. He has died intestate. His estate survives to the heirs mentioned in clause 1 of the Schedule under Section 8 of the Hindu Succession Act. He is survived by his mother, father and brother. The mother is the only heir in clause 1. The estate, therefore, survives to her under Section 8(i) of the Hindu Succession Act. The mother of the deceased Defendant NO.5, who is Respondent No.5(b) Anandibai T. Rauth shall be brought on record in place and stead of Respondent No.5. 2 2. The Plaintiff shall carry out amendments within 2 weeks from today. 3. The Plaintiff shall also amend the plaint served upon the Respondents within 2 weeks. 4. The Chamber Summons is disposed off accordingly. 5. Mr. R.K. Desai has been agreed to be the Commissioner by the parties. S.O to 23 rd September, 2008. (SMT. ROSHAN DALVI, J.)