1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.502 OF 2011 IN CHAMBER SUMMONS NO.167 OF 2010 IN TESTAMENTARY SUIT NO.42 OF 1998 IN TESTAMENTARY PETITION NO.274 OF 1998 Smt.Mrinalini Mahendra Reshamwala .. Appellant V/s Mrs.Kusum Ravindra Kakubhai .. Respondent Mr.Snehal Shah with Ms.Jyoti Ghag and Ms.Deepti Panda i/by M/s.Thakore Jariwala & Associates for the Appellant. Mr.S.Shamim i/by M/s.Shamim & Co.for the Respondent. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 4th August, 2011. P.C.: 1. Admit. Heard finally by consent of the parties. 2. The order dated 10.01.2011 passed by the learned Single Judge in the Chamber Summons No.167 of 2010 is impugned in this appeal. That Chamber Summons was taken out by Harish Ravasia & Mohammed Yasin Khan who claimed to be legal heirs and representatives of deceased Kusum who was one of the Defendants in the suit. The settled law is that the application for 2 bringing legal heirs and representatives on record of the deceased Defendant can be taken out by the plaintiff and nobody else can take out that application. In case the plaintiff does not take out the application within time the suit will abate, but nobody else can institute proceedings for bringing heirs and legal representatives on record of the deceased Defendant. The learned Single Judge therefore could not have decided the Chamber Summons No.167 of 2010 when the plaintiff was opposing the Chamber Summons. 3. Appeal therefore succeeds and is allowed. Order impugned is set aside. Appeal is disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)