- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION jmi CHAMBER SUMMONS NO.30 OF 2009 ALONGWITH SUIT NO.73 OF 2002 IN PETITION NO. 758 OF 2001. Shri Prakash Balajee Nayak & Anr. ..Plaintiffs. vs. Shri Vishwanandan A. Agaskar. ..Defendant. And Smt.Kashmira V. Agaskar & Ors. ..Respondents. AND CHAMBER SUMMONS NO.31 OF 2009 ALONGWITH SUIT NO.74 OF 2002 IN PETITION NO. 31 OF 2002. Mrs.Pratibha D. Vaidya. ..Plaintiff. vs. Shri Vishwanandan A. Agaskar. ..Defendant. And Smt.Kashmira V. Agaskar & Ors. ..Respondents. .... Mr.V.J.Shah, i/b. M/s. Fazalbhoy Motafram & Co., for the Plaintiff in both Suits. Mr.E.K.Sasidharan, for the Defendant in both Suits. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 26TH FEBRUARY,2009 : 26TH FEBRUARY,2009 : 26TH FEBRUARY,2009. P.C.: P.C.: P.C.: . The learned Advocate for the plaintiff tenders chamber summons no.30/2009 in testamentary suit no.73/2002 and chamber summons no.31/2009 in testamentary suit no.74/2002 for condonation of delay and to bring the heirs of the deceased Vishwanandan A. Agaskar on record. 2. Both the chamber summons are made absolute in - 2 - terms of prayer clauses (a) and (b) with no order as to costs. 3. The plaintiffs to carry out amendments within a week’s time and serve the amended copies on the defendants forthwith. The plaintiffs to file their affidavits of evidence as well as documents, within a period of 2 weeks from today. 4. Place both the suits for directions on 12th March 2009. 5. Chamber summons no.30/2009 and 31/2009 accordingly stands disposed of. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]