D.Y. Chandrachud, J.

1. Admit. Counsel for the Respondents waives service. The Appeal is taken up for hearing and final disposal, by consent and on the request of learned counsel.

2. A suit was filed in 1993 before this Court on 27 April 1993 by Sitabai Jagannath Patil and Mathurabai Ramchandra Kini seeking, inter alia, declarations in regard to the invalidity of certain Release Deeds dated 25 June 1981 and 16 April 1985 and of a Development Agreement dated 10 April 1985. Possessory and injunctive reliefs were sought in the suit. On 16 December 1993, consent terms were filed in the suit in relation to two properties. The suit was to proceed in respect of other properties.

3. Sitabai, the original First Plaintiff, died on 19 December 1992. Upon her death, Defendant nos.29 and 30 were originally brought on record as her heirs and were arrayed as Plaintiff Nos.1 and 1(a) but they were subsequently transposed as Defendant Nos.29 and 30. The sole surviving Plaintiff Mathurabai died on 16 August 2009. No application was made by the heirs of the sole surviving Plaintiff for being brought on the record. The suit abated.

4. A Chamber Summons was taken out together with an affidavi