1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 2043 OF 2009 IN APPEAL NO. 1112 OF 1997 IN SUIT NO. 3205 OF 1986 Kassamali Suleman Zaveri ..Appellant Vs. Mrs. Sakker Vazir ..Respondent And Samsuddin K.Zaveri & Ors. ..Respondents .... Mr.Kishore Jain along with Tushar Gordia i/b Nisha Parmar for Appellant None for Respondents .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 3rd MARCH, 2010 P.C.: 1 Heard. The Respondents have been served twice. None appears for the Respondents. By a separate order passed today in Notice of Motion No.4383 of 2009, the earlier order dated 16th April, 2008 has been recalled and Appeal No. 1112 of 1997 consequently stands 2 restored. 2 It appears that during the pendency of the Appeal, the Respondent-Sakker Vazir expired and therefore, this Chamber Summons for bringing legal representatives of the Respondent on record. There is delay of more than six years in applying for bringing the legal representatives on record. We have perused the affidavit in support of Chamber Summons and we are satisfied that the delay caused, deserves to be condoned but subject to payment of costs. 3 Hence, the Chamber Summons is made absolute in terms of prayer clauses (a) to (c) subject to payment of costs quantified at Rs. 2000/- to be remitted to the Office of the Prothonotary and Sr. Master, within two weeks. Appeal Memo be amended within two weeks. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]