: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.906 OF 2008 IN SUIT NO.3359 OF 1986 Nusli N. Wadia & Ors. ....Plaintiffs V/s. Sevanti S. Singade & Ors. ....Defendants Mr.S.B. Amin for the Plaintiffs. Mr.A.C. Singh i/b Mr.D.R. Shah for Defendant No.1. Mr.Satish Shah i/b Mr.B.B. Madekar for Defendant No.2. Mr.Sanjay Jain i/b LJ Law for Defendant Nos.3-a, 3-b, 3-c, 4-a to 4-f. CORAM : S.J. VAZIFDAR, J. DATED : 27TH AUGUST, 2008. P.C. : 1. This Chamber Summons is obviously taken out by Defendant No.2 only to delay the hearing of the suit which has been expedited. 2. The suit is filed inter-alia for a declaration that the Defendants are trespassers in respect of the suit property and for possession thereof. Defendant No.2 claims to have acquired the development rights in respect of the suit property in the year 1980 from original Defendant No.1. By this Chamber Summons, Defendant No.2 wants the Court at : 2 : this stage to decide which of the heirs of original Defendant No.1 who have already been brought on record ought to be permitted to defend this suit and to delete the names of the other Defendants who have been impleaded as heirs of original Defendant No.2. 3. This is not a case where there is an application between the contenting heirs to be impleaded in the proceedings in place of a deceased party to the suit. This is an application by Defendant No.2 who claims to have acquired the rights from original Defendant No.1. It is pertinent to note that the parties who have been brought on record in place of original Defendant No.1 were brought on record pursuant to the orders passed by this Court in four Chamber Summons viz. Chamber Summons Nos.913 of 1995, 1035 of 1995, 37 of 2000 and 112 of 2000. 4. What is sought now is the setting aside of the orders passed in the above Chamber Summons. It is not open for me to do so. These orders have never been challenged by any of the parties. The orders have therefore attained finality. 5. In the circumstances, the Chamber Summons is dismissed. : 3 : Costs to be costs in the cause.