2018:BHC-AS:33099 dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11443 OF 2015 Ida Fernandes ...Petitioner vs Cecilia Fernandes & Ors ...Respondents .....

Mr Denzil D'mello for the Petitioner.

Mr Sunny Yadav I/b V.K.Damle for Respondent No.1.

.....

CORAM : B.P.COLABAWALLA, J.

DECEMBER 03, 2018.

ORAL JUDGMENT :

Rule. Respondent No.1, the only contesting Respondent, waives service. By consent of Respondent No.1, rule is made returnable forthwith and heard finally.

2 This Writ Petition has been filed challenging the order dated 27^th August, 2015 passed by the Bombay City Civil Court at Bombay in Chamber Summons No.2836 of 2013 in Suit No.9046 of

2000.

3 This Chamber Summons was filed by the original Plaintiff (the Petitioner herein) to bring the legal heirs of deceased Defendant Nos.2 and 4 on record. It is not in dispute that Defendant Nos.2 and 4 were represented by advocates before the Trial Court. Defendant No.2 expired on 21^st March, 2005 and Defendant No.4 expired on 28^th December, 2008. It is, in these circumstances, that the Chamber Summons was filed for bringing their legal heirs on record.

4 The delay in filing this application was sought