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Bombay High CourtCAF/905/2019disposed off

Shri. Swamichand Gupta (Since Deceased) Thorugh 1-A) Shri. Bipin Kumar Swamichandra Gupta And ANR. v. The Municipal Corporation Of Greater Bombay And ANR.

2020-01-17Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

sr.910.caf.905.2019.doc Vina Khadpe (Personal Assistant)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.905 OF 2019 IN FIRST APPEAL NO.265 OF 2001 Shri Swamichand Gupta ..

Applicants/ Appellants since deceased through Lrs.

1-A Shri Bipin Kumar Swawmichand and ors.

Versus

The Municipal Corporation of Greater ..

Respondents Bombay and anr ...................

 Mr.S. M. Shetty for the applicants.

 Ms.Sheetal Mane for respondent-MCGB.

...................

CORAM : SHRIKANT D. KULKARNI, J.

DATE : JANUARY 17, 2020.

P.C.:

1. Heard learned counsel for the respective sides.

2. Perused the record.

3. It is an application to bring on record legal heirs of deceased appellant no.1 and further to carry out the necessary amendment in the frst appeal as per the schedule, annexed as Exhibit B.

4. It is noticed that there is no delay in moving this

sr.910.caf.905.2019.doc application so as to bring on record legal heirs of deceased appellant no.1. Learned counsel for the respondent-MCGB concealed this position. Hence, the application to bring on record legal heirs of appellant no.1 is hereby allowed. The appellants to carry out necessary amendment in the array of appeal memo within a period of two weeks from today. The appellants to serve a copy of amendment appeal upon the respondents within a period of three weeks from today.

5. Issue notice to the respondents returnable on 7th February 2020. In addition to the Court notice, applicants to serve all respondents by private notice and to fle afdavit of service on or before the next date of hearing.

Digitally signed by Vina A.

Khadpe Date:

2020.01.17 21:30:26 +0530 Vina A.

Khadpe [ SHRIKANT D. KULKARNI, J. ]