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Bombay High CourtIA/818/2024disposed off

Ashok Jasraj Jain v. Sushila Jagdish Kapadia And ORS.

2024-01-25Hon'Ble Shri Justice M. M. Sathaye1 pages

59-IA-818-2024=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 818 OF 2024 IN FIRST APPEAL NO. 418 OF 2019 Ashok Jasraj Jain ...Applicant/Appellant

Versus

Sushila Jagdish Kapadia And Ors.

...Respondents

************ Mr. Mohit Khanna a/w Amit Mehta, Hitesh Mishra, Vinayak Shukla in/by Amit Mehta for Applicant.

Mr. Sudarshan Satalkar and Aaroha Kulkarni i/b M/s. Federal and Co. for Respondent Nos. 1 to 4.

SNEHA NITIN CHAVAN ************ CORAM : M.M. SATHAYE, J.

by SNEHA NITIN CHAVAN Date: 2024.01.25 19:34:14 +0530 DATE : 25th JANUARY, 2024 P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application by original Appellant seeking leave to delete the name of Respondent No.1 from the array of Respondents. It is submitted that Respondent No.1 is survived by sole Executor of her Will, who is already on record as Respondent No.2. Learned counsel for both Respondent Nos. 1 and 2 does not dispute this position.

3.

In that view of the matter, interim application is allowed in terms of prayer clause (a). Necessary amendment be carried out within a period of one week from today. Interim Application is disposed of accordingly.

(M.M. SATHAYE, J.) Sneha Chavan