Mr. Jasbirsigh Premsingh Arora And ANR. v. Shri Vasanji Jatashankar Joshi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1711 OF 2016 IN WRIT PETITION NO.4275 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. R.D. Vora, Advocate for the Applicants.

Mr.Surel S.Shah, Advocate for Respondent.

CORAM : R. G. KETKAR, J.

DATE : 21/10/2016 P.C.:

1.

Heard Mr.R.D. Vora, learned Counsel for the applicants and Mr.Surel Shah, learned Counsel for the respondent, at length.

2.

This application is taken out by L.Rs. of Motirani Premsingh Arora, the respondent in Writ Petition No.4275/2003.

Respondent Motirani Arora expired on 9.3.2012 leaving behind the applicants as her heirs and legal representatives. The applicants have intimated the death of sole respondent in the petition to original petitioners' Advocate by letter dated 18.9.2014. However, no steps are taken by the opponent herein for bringing L.Rs of the respondent Motirani Arora on record.

3.

As present application is taken out by

2/2 19.CAW.1711-16.doc L.Rs of respondent Motirani Arora, same can be allowed and the opponent herein can be directed to amend the cause title of the main petition and bring the applicants herein on record as the L.Rs of the sole respondent. Mr.Vora fairly did not object to this course being adopted. He states that since 2009 the petitioner in the main petition is not paying rent or depositing in the Court. He will take out appropriate application for vacating the interim order.

4.

In view thereof, Civil Application is disposed of by permitting the respondent to bring the applicants on record as heirs and legal representatives of the sole respondent. Amendment shall be carried out within one week from today and amended petition shall be made over to Mr.Vora. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)