: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.276 OF 2007 CHAMBER SUMMONS NO.276 OF 2007 CHAMBER SUMMONS NO.276 OF 2007 IN IN IN NOTICE OF MOTION NO.704 OF 2006 NOTICE OF MOTION NO.704 OF 2006 NOTICE OF MOTION NO.704 OF 2006 IN IN IN SUIT NO.628 OF 2006 SUIT NO.628 OF 2006 SUIT NO.628 OF 2006 Chunilal Bhajanlal Agarwal .. Plaintiff. Versus Vrushali Eknath Sonsurka & Ors. .. Defendants. And Smt.Ashwini Sudhir Sonsurkar & Ors. .. Respondents. Ms.Tamhane i/b.R.D.Suvarna for plaintiff. Mr.Ganwani i/b.M/s.Solomon & Co. for defendant Nos.1 to 4. Mr.Mohit Bhansali for defendant Nos.10 and 17. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 13th October, 2008. DATE : 13th October, 2008. DATE : 13th October, 2008. P.C. :- P.C. :- P.C. :- 1. Wrongly not shown on board. : 2 : 2. This chamber summons is taken out for setting aside the abatement sofar as defendant No.14 is concerned and for condonation of delay and for bringing heirs of defendant No.14 on record. The respondents are served by publication. No affidavit in reply is filed. 3. I have perused the affidavit in support and heard learned Advocate for the plaintiff. The delay has been explained properly and the explanation can be accepted for granting reliefs in the chamber summons. Hence the order :- O R D E R O R D E R O R D E R i) Chamber summons is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. ii) Plaintiffs to carry out amendment in the plaint by joining respondents in the place of original defendant No.14 on or before 15.11.2008. Plaintiffs to serve upon the defendants amended copy of the plaint on or before 2.12.2008. : 3 : iii) Plaintiffs to also carry out amendment in the motion No.704 of 2006 showing the respondents in the place of original defendant No.14 and serve upon all the defendants the amended motion including heirs of original defendant No.14, who have joined as party respondents. 4. Motion No.704 of 2006 stands adjourned to 2.12.2008. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)