JUDGMENT :

R.D. Dhanuka, J.

1. By these two chamber summonses filed by the applicants, the applicants in both the chamber summonses have prayed for condonation of delay in filing chamber summonses and for their respective impleadment as plaintiffs in place of the original plaintiff Sushilarani B. Patel who expired on 24th July 2014. By consent of parties, both the chamber summonses were heard together and are being disposed of by a common judgment. The relevant facts for the purpose of deciding these two chamber summonses are as under:-

2. The original plaintiff Sushilarani B. Patel filed a suit on 18th February 2014 inter alia praying for a declaration that the defendant No. 1 therein had committed breaches of the terms of Lease Deed dated 2nd August 1963 read with the indenture of assignment dated 27th September 1972 as per show cause notice and various other reliefs. The said Suit No. 341 of 2014 is pending. During the pendency of the said suit, the said Sushilarani B. Patel, original plaintiff expired on 24th July 2014.

3. In so far as the Chamber Summons No. 450 of 2015 is concerned, it is the case of the applicant that prior to the date of filing of the said suit, the original plaintiff had executed a Will dated 20th September 2010 duly registered whereunder she devised and bequeathed the Girnar Bunglow and the entire undivided 30% of the land and reversionary right, title and interest in the said Deed of Lease dated 2nd August 1963 to "Dr. Smt. Sushilarani Baburao Patel Trust" with various directions mentioned therein. Under the said Will dated 20th September 2010, the original plaintiff had appointed (1) Dr. Shrikant G. Gokhale, (2) Mrs. Neela Shinde, (3) Mrs. Radhika Sood Nayak and (4) Mrs. Vrushali Zagade as executors/executrixes.

4. It is the case of the applicant Neela V. Shinde in Chamber Summons No. 450 of 2015 that the applicant in Chamber Summons No. 424 of 2015 being grand step daughter of deceased Sushilarani B. Patel along with husband of Sheila Step daughter of Sushilarani forcibly entered the said Girnar Bunglow with a view to get ownership of the said bunglow. Various police complaints were filed by the applicant against the Geeta Patel D' Souza, applicant in Chamber Summons No. 424 of 2015. On 15th August 2014, one of the executors Dr. Shrikant G. Gokhale renounced his executorship by way of resignation under the said alleged Will of deceased Sushilarani. Various correspondence were thereafter exchanged between the applicant in Chamber Summons No. 450 of 2015 and the applicant in Chamber Summons No. 424 of 2015. The Applicant in Chamber Summons No. 450 of 2015 filed a petition bearing No. 297 of 2015 inter alia praying for grant of probate in respect of the registered Will of the said deceased (original plaintiff). The said petition is still pending.

5. In so far as Chamber Summons No. 424 of 2015 is concerned, according to the applicant Geeta P. D'Souza, the original plaintiff was the third wife of the grand father of the applicant late Baburao Patel. Her late grandmother Shirin Patel was the first wife of Baburao Patel and had four issues from her marriage with Baburao Patel i.e. Suryakant Patel (father of the applicant), Suresh Patel, respondent No. 1 to the chamber summons and Shashikant Patel, respondent No. 2 and a daughter late Shiela Mir who died issueless in Mumbai. The other respondents to the chamber summons are also the legal heirs of the original plaintiff according to the applicant. It is the case of the applicant that late Shirin Baburao Patel died intestate in Mumbai on 7th April 1972 issueless and intestate in Mumbai. It is the case of the applicant that under the provisions of the Hindu Succession Act, 1956, the applicant along with the respondent Nos. 1 to 7 being the only heirs and legal representatives of the original plaintiff became entitled to represent the estate of the late original plaintiff. The applicant (Geeta Patel D'Souza) accordingly filed Chamber Summons No. 424 of 2015 inter