1 s1240-89.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 1240 of 1989 Domnic Francis Pereira .. Plaintiff v/s. Joseph Paul Pereira ..Defendant Mr S.G. Bhandary for the Plaintiff. Mr.Birendra Saraf a/w. Soniya Putta i/b. Solomon & Co. for the Defendant No.3 Mr.Denzil D’Mello for the Defendant No.2 Ms.Dharmika Patel i/b. Purnanand & Co. for the Defendant No.7 CORAM : R.Y.GANOO, J. DATED : 4th May, 2011 P.C. : 1. The Court is informed that original plaintiff Domnic Pereira has expired on 9.10.2010. Chamber Summons No.1828 of 2010 has been taken out by the applicant Earnest Homes Pvt. Ltd. The said Chamber Summons will have to be decided on merits. Since no application is filed by the person claiming to be heir of the original plaintiff, an order will have to be passed so as to say that the suit has abated. Hence following order is passed in the suit. 2 s1240-89.sxw ORDER i) On account of death of the plaintiff on 9.10.2010 and as no application is filed by a person to bring him on record, the suit abates and is accordingly disposed of. [R.Y.GANOO, J.]