1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.500 OF 2011 IN NOTICE OF MOTION NO.153 OF 2009 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. The order dated 10.01.2011 passed by the learned Single Judge in the Notice of Motion No.153 of 2009 is impugned in this appeal. Admitted position is that the Notice of Motion No.153 of 2009 was taken out by Kusum Ravindra Reshamwala (one of the Defendants). It is also an admitted position that said Kusum had died on 27th February, 2010. In the Notice of Motion No.153 of 2 2009 the legal heirs and representatives of deceased Kusum were not brought on record. Therefore on the date when that notice of motion was decided viz.10.01.2011 the notice of motion had abated after the expiry of three months from the date of death of Kusum. Hence, the order dated 10.01.2011 passed in the Notice of Motion No.153 of 2009, which is impugned in this appeal, is per se illegal. 3. Appeal therefore succeeds and is allowed. Order impugned is set aside. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)