1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.285 OF 2011 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. By this appeal, the appellant who is the plaintiff in Testamentary Suit No.42 of 1998, challenges the order dated 10.01.2011 passed by the learned Single Judge in the suit. The order dated 10.01.2011 passed by the learned Single Judge is really a consequence of the order passed by the learned Single Judge in Chamber Summons No.167 of 2010 which was challenged in Appeal No.502 of 2011 and which we have set aside by our order 2 passed today in that Appeal No.502 of 2011. Therefore, if that order passed by the learned Single Judge in Chamber Summons No.167 of 2010 has been set aside, the order which is challenged in this appeal does not survive. 3. Hence, the order impugned is set aside. Appeal is disposed of. However the plaintiff shall be at liberty to make an application seeking appropriate orders in view of death of one of the Defendants by name Kusum Ravindra Kakubhai. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)