Ndm 1 ts.48.93.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 48 OF 1993 IN TESTAMENTARY PETITION NO. 305 OF 1993 Rodolph Anthony Fernandes. ... PLAINTIFFS Vs. Harvey Fernandes and ors. ... DEFENDANTS WITH CHAMBER SUMMONS NO. 66 OF 2009 IN TESTAMENTARY SUIT NO. 48 OF 1993 IN TESTAMENTARY PETITION NO. 305 OF 1993 Rodolph Anthony Fernandes. ... PLAINTIFF Vs. Ella Pereira and ors. ... DEFENDANTS -------------- Roque D’mello, Advocate for Plaintiff. Mr. N.J. D’monte, Advocate for Defendants. -------------- CORAM : ANOOP V. MOHTA, J DATE : 01st September, 2009. P.C. 1 This Chamber Summons No. 66 of 2009 is taken out by Defendant No.3 in a suit of the year 1993 and prayed that the names of the deceased Sybil B. Ambosta as the heirs of the deceased Simon Stanislaus Fermandes be brought on record because they fall within the ambit of heirs and next of kin is according to law. The learned Counsel appearing for the Ndm 2 ts.48.93.sxw Petitioner-Plaintiff filed affidavit opposing the same. Further submissions is that whatever consequences for not joining the heirs and next to kin, the plaintiff will face the same. Even otherwise, those heirs can independently take out proceeding to join as a party to such Chamber Summons at the instance of Defendant is not maintainable. 2 In view of the above submission of the Plaintiff, keeping all points open and the consequences to the Plaintiff-Petitioner, I am dismissing this Chamber Summons. All points are kept open accordingly as the proceedings already pending before the Commissioner for recording the evidence. Time is extended for four weeks to record further evidence. [ ANOOP V. MOHTA, J ]