1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1861 OF 2009 IN EXECUTION APPLICATION NO. (L) NO. 60 OF 1989 IN SUIT NO. 618 OF 1967 Rajendra Manohar Kowley & Ors. ...Plaintiffs Vs. Moreshwar Bhaskar Kowley & Ors. ...Defendants And Vimal Moreshwar Kowley & Ors. ...Respondents ----- Mr. Deepak Chitnis for Plaintiffs Mr. Milind M. Kowley for Respondent No.3 Ms. Sangeeta V Bapardikar for Respondent No.2 Respondent Nos.3 and 2 present in person Ms. Pallavi N. Kore for Respondent No.4 ----- CORAM: V.M. KANADE J. DATED: 9TH FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiffs. 2. The Respondents who are present in person seek time. This Chambers Summons is taken out for bringing the legal heirs of the Original Defenant No.1 on record, who expired on 5th September, 2009. Since this application is filed in execution proceedings in 2 view of the provisions of Order XXII Rule 12, the Plaintiffs are entitled to bring the heirs of the Defendants, who expired after the decree has been passed. 3. Accordingly, the application immediately has been filed by the present Plaintiffs though the other heirs were asked to give the names of the heirs of Defendant No.1. They had not yet given the particulars and, therefore, the present Chamber Summons has been filed on 9th November, 2009. The Respondents have been served long back ago. They are now seeking further time to engage a new advocate. 4. Request for adjourment is refused. Chamber Summons is allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within two weeks. Plaintiff may amend the plaint and the Chamber Summons No. 280 of 2009 and serve the amended copy. 5. S.O. for four weeks. (V.M. KANADE J.)