: 1 : nms-46-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 46 OF 2011 IN CHAMBER SUMMONS NO. 25 OF 2011 IN MISC. PETITION NO.77 OF 2010 IN TESTAMENTARY PETITION NO.708 OF 2006 Ali Raza Khimji Gowa .. Petitioner v/s. Mukhtar Mohammedbhai Khimji alias Gowa and Ors. .. Respondents and Vaseem Gowa .. Applicants / Intervener ......... Mr. C.D. Abuwala i/b Dave & Co. for the petitioner Mr. V.G. Mehta for respondent nos. 1,2,3,5 and 6 in support of NMS Mr. Shamim for respondent no.8 ......... CORAM : R.Y.GANOO, J. DATE : 29th APRIL, 2011 P.C. : 1. This notice of motion is taken out by respondent nos. 1,2,3,5 and 6. The motion is taken out for setting aside order dated 7th March, 2011 thereby making Chamber Summons No. 25 of 2011 absolute. The Miscellaneous Petition No.77 of 2010 has been filed by the petitioner Ali Raza Khimji Gowa against as many as 7 respondents. Mr. Vaseem Gowa took out Chamber Summons No.25 of 2011 for being joined as respondent. The said chamber summons was served on the petitioner : 2 : nms-46-11=.sxw as well as respondent except respondent nos. 4 and 7. The said chamber summons was decided by order dated 7th March, 2011 when the said matter was shown on board. At the time of hearing of the said chamber summons the said chamber summons came to be allowed. This motion is taken out by contending that order dated 7th March, 2011 is ex-parte. Some arguments were advanced by learned Counsel for the respondent nos. 1,2,3,5 and 6 in support of the motion that the said order is an ex-parte order. 2. Chamber Summons No.25 of 2011 relates to joining of Vaseem Gowa as party respondent. Miscellaneous Petition No. 77 of 2010 came to be filed for setting aside probate granted in Testamentary Petition No.708 of 2006 for letters of administration. The chamber summons taken out by Vaseem Gowa could be opposed by the present petitioner who have filed Misc. Petition No.77 of 2010. Said petitioner had recorded his no objection for making the chamber summons absolute. The respondent nos. 1,2,3,5 and 6 have no say in the matter as to who should be joined as party respondent. On this ground, the order in Chamber Summons No.25 of 2011 cannot be modified. The stand of respondent nos. 1,2,3,5 and 6 that order dated 7th March, 2011 is ex- parte cannot be accepted on the ground that these respondents could not have opposed said Chamber Summons No.25 of 2011. In my view, : 3 : nms-46-11=.sxw no case is made out for setting aside order dated 7th March, 2011. Hence, following order is passed. ORDER (i) Motion is dismissed in the facts and circumstances of the case. There shall be no order as to costs. (ii) Main Petition stands adjourned to 21st June, 2011. (R.Y.GANOO, J.)