1 mss CHS1017 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1017 OF 2010 IN SUIT NO. 1321 OF 2006 LAXMI CONSTRUCTIONS .. PLAINTIFF Vs. RADHA BALKRISHNA KHEDUSKAR.. DEFENDANT AND VIDHYA DAYANAND PAI .. APPLICANT AND USHADEVI UMANATH KAMATH & ANR. NON-APPLICANT Mr.Laxman Venkatesan for the applicant CORAM: S.C.DHARMADHIKARI, J. DATED: 21/11/2011 P.C. This chamber summons is taken out by the plaintiff stating that one 2 mss CHS1017 Mizar Annappa Shenoy the partner of the plaintiff died on 12th April, 2008. This chamber summons and the affidavit in support are duly served but none appears on behalf of the defendants and the proposed defendants. 2. In the light of the contents of the affidavit in support of this chamber summons, the chamber summons is made absolute in terms of prayer clauses (a) and (b) However, this amendment is without prejudice to the rights and contentions of all parties on the plea of maintainability as also on the merits of the plaintiff's claim. Amendment be carried within two weeks from the date of receipt of copy of this order. (S. C. DHARMADHIKARI, J.)