-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 723 OF 2009 IN SUIT NO. 254 OF 2008. Sindhu P. Korgaonkar & Ors. ..Plaintiffs. Versus Vilas G. Mhatre & Ors. ..Defendants. AND Swati Vijay Tamhane and Ors. ..Applicants. Mr. Ajay Patil for the Applicants. Mr. V. R. Dhond i/b M/s. A. R. Vaidya &Co., for the plaintiffs. Mr. Tushar Goradia for the defendant no.17. Mr. Prashant Ghelani for the defendant nos. 1, 4, 5, 7 & 9. Coram : R. V. MORE, J. Date : January 28, 2010. P. C. : 1. Mr. Ajay Patil, learned counsel for the applicants at the outset seeks leave to delete defendant no.17 from the present chamber summons as his name was already deleted from Suit No. 254 of 2008. Leave is granted accordingly. The necessary amendment in the chamber summons shall be carried out within a week from today. 2. This Chamber summons is taken out by the applicants for adding them as party defendants to the above suit. It is stated that the applicants are sons and daughters of the deceased defendant no.16-Bhanumati Choudhari. It is further stated that said Bhanumati has expired and -: 2 :- therefore the present applicants as legal heirs and legal representatives of said Bhanumati are entitled to be brought on record. 3. The above suit is filed for partition and separate possession. Said Bhanumati is the daughter of Gajanan Mhatre, the common ancestor. The statement is made in paragraph no.4 of the affidavit-in-support of the present chamber summons that the applicants were told by the plaintiff no. 2 and the defendant no.1 that said Bhanumati was no more. This statement in the affidavit filed on behalf of the applicants is not controverted either by the plaintiffs or by other defendants. Exhibit C-5 to the plaint is the chart of genealogy. In the said chart, Defendant no.16 - Bhanumati is shown as "dead". The said genealogy filed by the plaintiffs supports the applicants' case. In the light of the above circumstances, Chamber Summons is allowed in terms of prayer clause (a), except the bracketed portion. The plaintiffs shall carry out necessary amendments within the period of two weeks from today and serve amended copy of the plaint on the defendants within the period of two weeks thereafter. (R.V. MORE, J.)