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Bombay High CourtCAW/578/2016disposed off

Pervin Z. Irani v. Shri Mashuk S. Irani @ Meshog Sohram Irani (Since Decd) By Lrs.

2016-03-02Hon'Ble Shri Justice R.M. Savant.2 pages

(2)-CAW-578-16 & 2482-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.578 OF 2016 IN WRIT PETITION NO.1669 OF 1996 Pervin Z. Irani .. Applicant

IN THE MATTER BETWEEN

Shri. Mashuk S. Irani @ Meshog Sohram Irani (Since deceased through his LRs) Homai Mashuk Irani and others .. Petitioners

Versus

Mr. Dinshaw Rusi Mehta and others .. Respondents AND CIVIL APPLICATION NO.2482 OF 2015 IN WRIT PETITION NO.1669 OF 1996 Shri. Mashuk S. Irani @ Meshog Sohram Irani (Since deceased through his LRs) Homai Mashuk Irani and others .. Applicants

Versus

Mr. Dinshaw Rusi Mehta and others .. Respondents Ms. Huda Diamondwala i/by Diamondwala & Co, for the Applicants in both Civil Applications.

Mr. Agnel Carneiro i/by M/s. Mulla & Mulla & CBC, for the Respondent Nos.1 to 7.

CORAM : R.M. SAVANT, J.

DATE : 2nd MARCH 2016 BGP.

(2)-CAW-578-16 & 2482-15.doc P.C.

1.

The above Writ Petition is shown along with Civil Application No.2482 of 2015. By consent of the Learned Counsel for the parties, the above Civil Application No.578 of 2016 which is not on board is taken up for hearing. By the above Civil Application, the Applicant seeks to bring on record the current trustees of the Bombay Parsi Panchayat whose names are appearing in 'Exh.A' i.e. 'Schedule' to the Civil Application. The Learned Counsel Mr. Agnel Carneiro states that he has instructions to appear for the proposed Respondents who are the current trustees of the Bombay Parsi Panchayat and has no objection to the Civil Application being allowed. The Civil Application is accordingly allowed. Resultantly, the amendment in terms of the schedule is allowed to be carried out. The same to be done within two weeks from date and communicated to the Attorneys of the Bombay Parsi Panchayat i.e. Mulla & Mulla & CBC. The Civil Application is accordingly disposed of. 2.

In so far as the Civil Application No.2482 of 2015 is concerned, in view of the order dated 21.08.2015 passed in the above Writ Petition No.1669 of 1996, the above Civil Application does not survive and to accordingly stand disposed of as such.

[R.M. SAVANT, J] BGP.