Kanhaiyalal N. Joshi (Deceased) Thr Lrs Vijay Kanhaiyalal Joshi And Others v. Jagdish Harkishan Sharma And ANR
SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2023.03.28 10:10:07 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1554 OF 2023 IN APPEAL FROM ORDER NO.742 OF 2019 Kanhaiyalal Joshi (deceased) through legal heirs and Ors.
...
Applicants and Kanhaiyalal Nathulal Joshi ...
Appellant versus Jagdish Harkishan Sharma ...
Respondent and Municipal Corporation of Gr. Mumbai ...
Respondent WITH INTERIM APPLICATION NO.2149 OF 2023 IN APPEAL FROM ORDER NO.742 OF 2019 Chetan Virji Dangodara & Ors.
...
Applicants and Kanhaiyalal Joshi ...
Appellant versus Jagdish Harkishan Sharma ...
Respondent and Municipal Corporation of Gr. Mumbai ...
Respondent WITH CONTEMPT PETITION NO.275 OF 2018 Amit Durgaprasad Bhradwaj ...
Petitioner versus Jagdish Harkishan Sharma ...
Respondent Mr. Vaibhav Joglekar, Sr. Advocate with Ms. Mily Ghoshal, Mr. Prathamesh Kamat, Mr. Ritika Vijan i/by Ms. Mily Ghoshal for Applicants in IA 2149 of 2023. Mr. Owen Menezes with Ms. Lizlam Wangadi i/by R.S.Tripathi for Applicants in IA 1554 of 2023.
Mr. Amit D. Bharadwaj for Petitioner in CP 275 of 2018. Mr. Rajesh Shah i/by Mr. Atul Singh for Respondents in AO 742 of 2019 and CP 275 of 2018.
SSP 1/3
CORAM:
N.J.JAMADAR, J.
DATE :
24 MARCH 2023 P.C.
INTERIM APPLICATION NO.1554 OF 2023 1.
Heard the learned Counsel for the parties.
2.
This Application is taken out to bring the legal representatives of the Appellant - Kanhaiyalal Nathulal Joshi, who passed away on 7 January 2023. 3.
The Application is supported by a copy of the death certificate and an Affidavit.
4.
The Application is within the statutory period of limitation. 5.
Hence, the Application stands allowed in terms of prayer clause (a). 6.
Necessary amendment in the appeal memo be carried out within a period of one week.
7.
Application stands disposed.
INTERIM APPLICATION NO.2149 OF 2023 8.
In view of the order passed in Interim Application No.1554 of 2023, the Applicants are at liberty to amend the Application so as to implead the legal representatives of the deceased Appellant - Kanhaiyalal Nathulal Joshi, who are impleaded in the Appeal, as party Respondents to this Application. 9.
The Respondent/original Plaintiff and the newly impleaded legal SSP 2/3
representatives of the Appellant/original Defendants are at liberty to file an Affidavit in Reply within a period of two weeks.
10.
List on 19 April 2023.
CONTEMPT PETITION NO.275 OF 2018 11.
The learned Counsel for the Respondent seeks further time to file an Affidavit in Reply.
12.
By way of final indulgence, one week time is granted to the Respondent to file Affidavit in Reply.
13.
In the event of default, the Contempt Petition would be heard on the premise that the averments in the Petition remain uncontroverted. In the event the Affidavit in Reply is filed and copy served on the Petitioner, the Petitioner may file an Affidavit in Rejoinder within a week thereafter. 14.
List on 19 April 2023.
( N.J.JAMADAR, J. ) SSP 3/3