1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Chamber Summons No.12 of 2010 in Testamentary Suit No.11 of 1999 in Testamentary Petition No. 985 of 1998 Smt.Sushila Ramchandra Bandekar .. Plaintiff v/s. Shailaja Narayan Waigankar ..Defendant Mr.Mayur Khandeparkar i/b. M/s. Kanga & Co. for the Applicant. CORAM : R.Y.GANOO, J. DATED : 18th June , 2010 P.C. : 1. This Chamber Summons is taken out for substitution of the original plaintiff by the present Applicant who happens to be the Executor of the last Will and testament of R.B.Bandekar. I have heard learned Counsel on behalf of the Applicant. Nobody is present on behalf of the Caveator, though served. Absence on part of the Caveator makes me to hold that the Caveator is not interested in opposing this Chamber Summons. Since the request is made by co-executor to 2 come in the place of earlier executor, the request can be granted though substantial time has elapsed. Hence the Order. ORDER i) Chamber Summons is made absolute in terms of prayer clauses (a), (b), (c) and (d). ii) There shall be no order as to costs. iii) Applicant to carry out the amendment on or before 9.7.2010, serve upon the defendant amended copy of the suit on or before 16.7.2010, Suit stands adjourned to 23.7.2010 for directions. [R.Y.GANOO, J.]