[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.476 OF 2008 IN CHAMBER SUMMONS NO.1499 OF 2004 IN SUIT NO. 618 OF 1967 WITH APPEAL NO.477 OF 2008 IN CHAMBER SUMMONS NO.1349 OF 2007 IN SUIT NO. 618 OF 1967 Moreshwar Bhaskar Kowley ..Appellant Vs. Manohar Bhaskar Kowley and Ors. ..Respondents .... R.V.Govilkar for Appellant Deepak Chitnis i/b Deepak Chitnis and Chiparikar & Co. for Respondent Nos. 8 to 10 .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 24, 2009 DATE : MARCH 24, 2009 DATE : MARCH 24, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the parties. [-2-] 2. Appeals are preferred by the original Defendant No.1-Judgment Debtor impugning the decision of the learned Single Judge wherein the learned Single Judge permitted legal representatives of original Plaintiff to be brought on record along with legal heirs of deceased Defendant No.2. 3. The main contention appears to be that no proceedings are pending and the formality to bring on record legal representatives, was not required. It was further contended that on the date of when the Chamber Summons came to be allowed to bring on record the legal heirs of plaintiff, no proceedings were pending in the Court. 4. It is not disputed that when the suit was finally decided, the Plaintiff was very much alive, execution proceedings dragged on as the appeal was being prosecuted by the parties and there was stay granted by the Supreme Court in the matter. 5. It is not disputed that the legal heirs of original Plaintiff were prosecuting the matter diligently except for the technical requirement of [-3-] being substituted as legal heirs of Plaintiff and therefore, we find that the learned Single Judge after having taken into consideration the peculiar facts and circumstances of the case, was justified in allowing the application. Therefore, there is no merits in these Appeals. Same are dismissed with costs. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]