1 n490-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice No. 490 of 2010 in Execution Application No.200 of 2010 in APP/500/2004 in Summary Suit No.364 of 1978 Jeethmal Hangalchand Sakhlecha & Others .. Claimants v/s. M/s. Neelkanth Building Corporation & Others ..Respondents Mr.Rakesh G. Jain for the Claimant. Mr.Tushar Goradia for the Respondent No.5 CORAM : R.Y.GANOO, J. DATED : 1st February, 2011 P.C. : 1. Learned Counsel for the Judgment Creditor/Claimant states that Opponent No.1 is a partnership firm. Opponent Nos.2 to 4 who are the partners of defendant no.1 have expired. Hence the Opponent No.1 cannot continue as partnership firm. Opponent No.5 is represented by Advocate. The decree is for specific performance of agreement. According to claimants, respondent nos.1 to 4 have entered into agreement with regard to 2 n490-10.sxw the suit property in favour of the respondent no.5. If this be so, in order to execute the decree fully, the claimant has to bring heirs of Opponent Nos.2, 3 and 4 on record and obtain the conveyance from the persons who are presently owners of the property. Part conveyance of the respondent no.5 would not serve the purpose. In view of the above, learned Counsel for the claimant applies for withdrawal of this notice with liberty to take such steps as are required to be taken, to bring respondent nos.2, 3 and 4 on record. The claimants to take steps to bring heirs of respondent nos.2 to 4 on record on or before 31.3.2011. If such steps are not taken, the Execution Application will stand dismissed without further orders from the Court. [R.Y.GANOO, J.]