IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1170 OF 2008. CHAMBER SUMMONS NO.1170 OF 2008. CHAMBER SUMMONS NO.1170 OF 2008. IN IN IN SUIT NO.43 of 2001. SUIT NO.43 of 2001. SUIT NO.43 of 2001. Devadiga Co-op.Hsg. Soc. Ltd. ..Plaintiffs versus Indico Construction Co. ..Defendants Mrs. Rao for the plaintiffs None for the defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 22nd January, 2009. DATED : 22nd January, 2009. DATED : 22nd January, 2009. P.C. 1. This Chamber Summons is taken out so as to seek relief in terms of Order XXII Rule 4(4) of CPC. One Mr. Giridhar Karkera has chosen to file affidavit in reply and in the said affidavit in reply specific statement has been made as to how the partnership firm by name Indico Construction Co. got changed from time to time i.e. since 1993 to 2003 and as to how Mr. B.P.Karkera became the proprietor at one point of time, and as to how on account of death of said B.P.Karkera there is a substantial change and his heirs have taken over. 2. If this is the position, in my view, the provisions of Order XXII Rule 4(4) of CPC cannot -2- be applied and it will be necessary for the plaintiffs to take out a Chamber Summons for bringing heirs of B.P.Karkera on record. 3. After hearing the aforesaid observations, learned Advocate for the plaintiffs applied for withdrawal of this Chamber Summons with liberty to file fresh Chamber Summons. In my view, liberty as prayed for is required to be granted by allowing the Chamber Summons to be withdrawn. It is clarified that the aforesaid Order is passed accepting the words of deponent Giridhar Kakare. For the reasons mentioned aforesaid, I pass the following Order. ORDER . Chamber Summons is allowed to be withdrawn with no order as to costs. . Liberty to take appropriate steps for bringing heirs of B.P.Karkare on record. It is clarified that this order is passed by accepting the statement dated 16.9.2008 of Giridhar Karkare. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)