: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 CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL REVISION APPLICATION NO.197 OF 2008 CIVIL REVISION APPLICATION NO.197 OF 2008 CIVIL REVISION APPLICATION NO.197 OF 2008 Mohammed Asharaf Ansari Since deceased through his legal heirs 1. Smt. Masuda Mohd. Asharaf Ansari & Anr.. ..Applicants. v. M/s. Raisoni Trading Company ...Respondent. Mr.A.N.Maniyar , adv. for the Applicants. Mr.Jayesh Kocheta , adv. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 4th March, 2008. DATE: 4th March, 2008. DATE: 4th March, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. In Summary Suit No.178 of 2000 filed by the plaintiff/responsent in the Court of Civil Judge Senior Division, the deceased Mohammed Asharaf Ansari was the defendant. Pending the suit, he died and his widow and minor son were brought on record as his legal representatives. The legal representatives of the deceased defendant sought unconditional leave to defend the suit. The trial Court after hearing the parties granted leave subject to their depositing an amount of Rs.1,25,353/-, i.e., the total suit amount. Being aggrieved by that, legal representatives of the original defendant have preferred the present revision :2: application. 3. After some discussion at the bar, the learned counsel for both the parties agree that the impugned order may be modified and the charge of the decreetal amount may be put on the share of the deceased Mohammed Asharaf Ansari in the property bearing City Survey No.329/A/2 admeasuring about 464.5 sq.mtr. situated at Ghorpade Peth, Pune. As per the property card, the deceased Mohammed Asharaf Ansari and his four brothers jointly held that property. 4. In view of this, Revision Application is hereby allowed and the impugned order stands modified as follows: i. The applicants/legal representatives of the deceased defendant Mohammed Asharaf Ansari are granted leave to defend the suit with condition that there shall be charge of the decretal amount on the share of Mohammed Asharaf Ansari in the property bearing City Survey No.329/A/2 admeasuring about 464.5 sq.mtrs. situated at Ghorpade Peth, Pune and no third party interest shall be created on his share in the said property till final disposal of the suit. :3: ii. As the suit itself is about 8 years old, the trial Court shall expedite the hearing and dispose off the suit preferably within six months. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)