Kanchan Suhil Singh And ANR v. Nehar Singh Mangal Singh And ANR

42- CAF 2662 of 2018 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2662 OF 2018 IN FIRST APPEAL No. 1710 OF 2010 Kanchan Sunil Singh and Anr.

...Applicants Vs.

Nehar Singh Mangal Singh and Anr.

...Respondents

----- Mr. Omkar Paranjpee i/b. Mr. Avinash M. Gokhale for Applicants Mrs. Poonam Mittal for Respondent No.2 ----- CORAM :

SHRI K.K. TATED, J.

DATE :

MAY 02, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

Learned counsel Mr. Omkar Paranjpee for the Applicants submits that Appellant No.1 Kanchan Sushil Singh expired. He submits that Appellant No.2 is the only legal heir of Appellant No.1. Hence, Applicant No.2 may be permitted to delete the name of Applicant No.1 from the cause title of First Appeal No. 1710 of 2010. 3.

Considering the submissions made by learned counsel for the Applicants and the averments made in the Civil Application, the Applicants have made out a case for allowing this Civil Application by deleting the name of Applicant No.1 from First Appeal at their costs and consequences. Hence, following order:

42- CAF 2662 of 2018

ORDER

(A) Applicant No.2 is permitted to delete the name of Applicant No.1 Kanchan Sushil Singh from the cause title of First Appeal No. 1710 of 2010 at their costs and consequences. (B) Amendment to be carried out on or before 21st June, 2019. (C) Amended copy of the First Appeal be served thereafter. (D) Civil Application stands disposed of.

(E) No order as to costs.

[ K.K. TATED, J.] Tikam