1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1109 OF 2009 IN SUMMARY SUIT NO. 3048 OF 1991 Smt. Devibai Bulchand Kripalani ... Plaintiff Vs 1. Kum.Sunita Motwani Makhija & 2 ors. ... Defendants And 1. Mr. Lalchand B. Kripalani & 6 ors. ... Applicants Mr. Lilani Shah i/b M/s.Lilani Shah & Co. for the plaintiff. Mr. G.K. Basant i./b Ajeet A. Manwani for the defendant No.1. CORAM: S.J. VAZIFDAR, J. DATED : 3RD DECEMBER, 2009 P.C.: The applicants seek to be impleaded as plaintiffs, as the original plaintiff expired on 29th December, 2006. The delay in taking out this application is liable to be condoned and the abatement set aside in view of the facts and circumstances of the case. 2 2. This is a suit for possession. The original plaintiff has also filed an R.A.E. Suit in the Small Causes Court. That Suit was decreed. The Appeal against the order decreeing the suit was dismissed. Defendant No.1 filed a CRA. Consent Terms were arrived at in the CRA on 22nd August, 2008. Under these Consent Terms, defendant No.1, in any event, is bound by her undertaking to hand over possession of the suit premises on or before 31st December, 2009. Upon her doing so, the present Suit would have worked itself out so far as decree for possession is concerned. It is obviously in these circumstances that the present application has been taken out belatedly. However, the application for withdrawing the amounts deposited in this court by the defendants cannot be considered at this stage. The applicants will have to take out a separate application for the same. The rights and contentions of the parties in respect thereof are kept open. 3. With the above clarification, the Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c). Amendments to be carried out within eight (8) weeks from today.