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Bombay High CourtIA/984/2022allowed

Mahendra Balchand Jain v. Kalyan Ratanchand Shah Thr His Legal Heirs And ORS

2022-03-30Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 65-ia984.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 984 OF 2022 IN WRIT PETITION NO. 7949 OF 2021 Mahendra Balchand Jain .....Applicant.

IN THE MATTER BETWEEN

Mahendra Balchand Jain ....Petitioner.

Vs.

Kalyan Ratanchand Shah Through His LRs. & Ors.

.....Respondents.

Mr. Mayur Khandeparkar i/by Ajinkya Udane for the Applicant. Mr. P.B. Shah i/by Ms. Gunjan Shah for the Respondent Nos.1 and 2. CORAM : A. S. GADKARI, J.

DATE : 30th MARCH, 2022.

P.C.:- This is an Application for transposition of Respondent No.33 as Petitioner No.2. It is stated that, the Respondent No.33 is Applicant No.3 in an Application filed by them under O-21, R-97 of the Code of Civil Procedure, 1908, before the Court of Small Causes, at Pune. That, at the time of filing of the Writ Petition, due to circumstances which were beyond the control of Respondent No.33, he could not be arraigned as a Petitioner No.2 herein.

In view of the above and for the reasons stated in the Application, Application is allowed in terms of prayer clause (a). 1/2

ssm 2 65-ia984.22.doc Necessary amendment be carried out in the record of Court and simultaneously in the copy served upon the learned Advocate appearing for the Respondents within a period of two weeks from today. (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2022.04.05 17:31:42 +0530 SANJIV SHARNAPPA MASHALKAR 2/2