1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 746 OF 2008 IN SUIT NO. 3888 OF 1999 Dinesh Bhagwandas Taliwal ...Plaintiff. V/s. Rukamanidevi Bhagwandas Taliwal & Ors. ...Defendants. --- Mr. Dinesh B. Taliwal, the Plaintiff present. Mr. Nitin R. Shah i/b Vasant B.Dhawan, for Defendant nos.1 and 2. -- CORAM : S.J. VAZIFDAR, J. DATED : 26TH AUGUST, 2009 P.C. :- 1. The Plaintiff’s suit has been dismissed on 05.05.2008 by the Prothonotary & Senior Master as the of summons had not been served upon the Defendants. From the affidavit it appears that the Defendants had appeared throughout the proceedings. Further,in the probate petition also parties have been appearing regularly. 2. In the circumstances,even though there has been some negligence,no prejudice will be caused to the Defendant by granting this application.I see no reason to prejudice the interest of the Plaintiff 2 by dismissing the suit which has otherwise been prosecuted diligently. 3. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). 4. Defendant nos.1 and 2 waive service of the writ of summons. Time to serve the writ of summons upon the other Defendants is extended by twelve weeks from today. 5. The Chamber Summons is accordingly disposed of.