Shri Ramu Tukaram Mohite v. Shri Dagadu Rama Khot

38-caa-133-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.133 OF 2017 IN APPEAL FROM ORDER NO.1097 OF 2015 Shri. Ramu Tukaram Mohite (since decd.) through LR's .. Applicants

Versus

Shri. Dagadu Rama Khot and Ors.

.. Respondents Mrs. Preeti Walimbe I/b Bhushan Walimbe for the applicants. Ms. Pariya Joshi I/b S.R. Ganbavale for respondent Nos.25 to 28. Mr. D.B. Shinde for respondent No.1.

CORAM : K.K. TATED, J.

DATE : 11 MARCH 2019.

P.C:- .

Heard learned Counsel for parties.

2.

By this civil application, applicant is seeking permission to carry out amendment in the cause title showing the correct name of respondent No.7.

3.

Considering the submissions made by learned Counsel for the applicants, I am satisfied that the applicants have made out case for allowing this civil application. Hence, following order :- a) Civil Application is allowed in terms of prayer clause (A), which reads thus :- S.C.Magar

38-caa-133-2017.doc "(A) This Hon'ble High Court may be pleased to permit the applicant to carry out the amendment in cause title of Appeal from Order as well as pending applications to amend the name of Respondent No.7 from Kusha Laxman Baykar to Kisan @ Kusha Ramchandra Baykar."

b) Amendment to be carried out during the course of day.

c) Registry is directed to issue notice to the respondent No.7 in pending civil application's, returnable after six weeks.

d) In addition to the usual mode of service applicant is directed to serve the respondent No.7 by private notice in pending civil application's along with entire proceedings either by RPAD and or by hand delivery and file affidavit of service to that effect within eight weeks from today.

e) Civil Application stands disposed of accordingly. f) No order as to costs.

(K.K. TATED, J.) S.C.Magar