1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 210 OF 2009 IN SUIT NO. 738 OF 2005 Saraswati Laxman Pawar W/o. Laxman Pawar ....Plaintiff Versus Smt. Sadana Ramchandra Pawar & Ors. ....Defendants None for the Plaintiff. Mr. P. G. Karande for Defendant Nos. 1 to 4/Applicants. CORAM : R. V. MORE, J. DATE : 14th JANUARY, 2010. P.C. : Heard Mr. Karande, learned Advocate for Defendant Nos. 1 to 4. None appears on behalf of the Plaintiff and Defendant No.5 though they are served. Affidavit of service to that effect is already filed on record. 2. The above suit was disposed of in view of Consent Terms by an order dated 28th March, 2006. Under the Consent Terms, Defendant No.2 was given one-fifth share in the service dues of his father. In pursuance of the above said order of this Court, the Plaintiff and Defendant Nos. 1, 3 & 4 have withdrawn their respective share from the service dues of the deceased – Ramchandra Laxman Pawar. However, Defendant No.2 was not allowed to withdraw his 2 share on the ground that in the Birth Certificate his name is recorded as Harshal and therefore, the present chamber summons is taken out for correction of the name of Defendant No.2 from Harsh to Harshal. The Plaintiff or Defendant No.5 inspite of service have not filed any reply nor put their appearance in the above chamber summons and therefore the averment made in affidavit in support of the chamber summons is deemed to have been accepted by them. In the above circumstances, the chamber summons is made absolute in terms of prayer clauses (b) & (c). 3. Necessary amendment be carried out within a period of one week from today. The chamber summons is disposed of, accordingly. Sd/- (R. V. MORE, J.)