IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.478 OF 2005 IN SUIT NO.803 OF 2003 Duraiya Mansoor Petiwala & Anr....Plaintiffs Vs. Shabbir Hussein Taherbhai Petiwala & Ors...Defendants And Ms. Shama Z. Kachwala & Ors......Respondents Mr.B.Colabawala i/b. Madewal & Co., for the Plaintiffs Mr. Vivek Sharma for Respondent No.2. Mr. D.H. Mehta i/b. M/s. Nitya Sunil & Co., for Defendant No.1 and 2. Mr. Vivek Kantawala for Respondent No.1. CORAM: CORAM: CORAM: A.M. A.M. A.M. KHANWILKAR, J. KHANWILKAR, J. KHANWILKAR, J. DATE DATE DATE : : : 8th August, 2005 P.C.: 1. Heard Counsel for the parties. Perused the pleadings. As it is not in dispute that two of the heirs of deceased defendant No.3 are already on record, namely, defendant Nos. 1 and 2, in my opinion, in the interest of justice, this Chamber Summons ought to be allowed in terms of prayer clauses (a) and (b) as prayed. It is rightly contended on behalf of the plaintiffs that if other heirs and legal representatives of deceased defendant are already on record the question of abatement does not arise. In the circumstances Chamber Summons made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within three weeks from today. No order as to costs. (A.M. (A.M. (A.M. KHANWILKAR, J.) KHANWILKAR, J.) KHANWILKAR, J.)