: 1 : N-351-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 351 OF 2010 IN SUIT NO. 3969 OF 1994 M/s. Kays Associates (Regd.) .. Plaintiff v/s. Mrs. Hajirabai Gulam Mohamed & Ors. .. Defendants None for the plaintiff CORAM : R.Y.GANOO, J. DATE : 31st JANUARY, 2011 P.C. : 1. Perused the bailiff’s report. Defendant no.1 has expired long back. Notice is served upon defendant nos. 2 and 3. In view of the above, following order is passed to dispose of this notice. 2. Since defendant no.1 has expired, plaintiff to bring heirs of defendant no.1 on record for execution and thereafter proceed further. Since defendant no.1 has expired long back, notice abets so far as defendant no.1 is concerned. Defendant nos. 2 and 3 are served. There is no affidavit in reply. Hence, notice is made absolute so far as defendant nos. 2 and 3 are concerned. There shall be no order as to costs. Execution to proceed as against defendant nos. 2 and 3. (R.Y.GANOO, J.)