IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.126 OF 2006 IN APPEAL (L) NO.1254 OF 2005 IN NOTICE OF MOTION NO.1525 OF 2002 IN SUIT NO.1715 OF 2002 Prof. H.C. Patel & Ors. ..Appellants. Vs. Shri Kaushik S. Desai & Anr. ..Respondents. Ms.J.A.Sarkhot i/b.Mr.R.V.Govilkar for the Applicant. Mr.Birendra Saraf i/b.M/s.Dhruve Liladhar & Co. for the Respondent No.2. CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATED: 7TH MARCH, 2006 DATED: 7TH MARCH, 2006 DATED: 7TH MARCH, 2006 P.C. : Heard learned counsel for the Appellant and the learned counsel for Respondent No.2. The learned counsel for the Appellant stated that Respondent No.1 has been duly served and she undertakes to file her affidavit in service in that behalf. The learned counsel for Respondent No.2 is present. 2. The learned counsel for the Appellant seeks leave to delete the name of Appellant No.3 since Appellant : 2 : No.3 had died. The name of Appellant No.3 stands deleted at the risk of the Appellant. 3. For the reasons stated in affidavit in support of the Chamber Summons, Chamber Summons is made absolute in terms of prayers (a) and (b). (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (S.J. VAZIFDAR, J.) (S.J. VAZIFDAR, J.) (S.J. VAZIFDAR, J.)