1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 729 OF 2010 IN SUIT NO. 689 OF 1996 Hasan M. Surve ....Plaintiff Versus Shri Dinkar Mahadev Tawade ....Defendant & Smt. Ansuya Dinkar Tawade & Ors. ....Respondents/ Applicants Mr. Viral d. Shukla i/b. M/s.Shukla & Associates, Advocate for the Plaintiff. Mr. Kunal Cheema i/b. Mr. Chandrashekar Khanbekar, Advocate for Defendant Nos. 1 to 3 and 5 to 6. CORAM : R. V. MORE, J. DATE : 12th MARCH, 2010. P.C. : The notice of motion is taken out by Defendant Nos. 1 to 3 & 5 to 6 for recalling/setting aside the order dated 23rd February, 2010 passed in chamber summons no. 1869 of 2007. By the said order, the Plaintiff’s prayer to bring legal heirs of the deceased sole defendant on record was granted. The said prayer came to be granted, as despite service, none appeared on behalf of the legal heirs of the deceased sole defendant and contested the said notice of motion. The learned Counsel for the Defendants is also unable to give reason, as to why the Defendants neither appeared nor filed any reply to the said chamber summons. In these circumstances, I am not inclined to interfere in the said notice of motion. The motion is accordingly, dismissed. Sd- (R. V. MORE, J.)