1 nms1593-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 1593 of 2010 . in Suit No. 4577 of 2000 Meena Ramesh Lulla & Ors. .. Plaintiffs v/s. Shri Omprakash M. Alreja (Punjabi) & Others. ..Defendants Mr.Ashish Rao i/b. M.P.Vashi & Assoiciates for the Plaintiffs in support of Notice of Motion. Mr.D.S.Paranjpe for the Defendant No.1 (Defendant No.1 has expired) CORAM : R.Y.GANOO, J. DATED : 7th January , 2011 P.C. : 1. Counsel for the plaintiffs states that defendant no.1 has expired on 1.12.2010. This motion is directed against defendant no.1 and other defendants. It would be proper for the plaintiffs to take out a fresh notice impleading heirs of defendant no.1 as party upon death of defendant no.1. The heirs may have something to say as it is they would be able to oppose the motion. Mr.Paranjpe says that some of the other defendants such as defendant nos.3, 5 and 6 have also 2 nms1593-10.sxw expired. This is one more ground to dispose of the motion with liberty to plaintiffs to take out appropriate motion. Hence the following order: ORDER i. On account of death of defendant no.1 and other defendants as stated in the order as above, this motion cannot go ahead. Same is disposed of with no order. ii. Liberty is given to the plaintiffs to take out fresh motion by impleading all necessary parties who can oppose the setting aside dismissal of the suit. There shall be no order as to costs. [R.Y.GANOO, J.]