Smt. Ashwini Ashok Jamnis (Deceased Through Her Only Legal Heirs) 1-A)Dr.Ashok V. Jamnis And ANR. v. Shri Narayan Pahlajrai Chang

16-iii-caf 824-19 in fa 364-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 824 OF 2019 in FIRST APPEAL NO. 364 OF 2013 Dr. Ashwini Ashok Jamnis (since deceased through LR) ..Applicant v/s.

Narayan Pahlajrai Chang ..Respondents Mr. J.M.Joshi for the Appellant/Applicant.

Mr. P.P.Kulkarni I/b. Amol P. Mhatre for the Respondent. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 08th MARCH, 2019.

P.C.

1.

By this application, the applicant has sought to recall the order dated 7th February, 2019 whereby the learned Registrar (Judicial-II) in Civil Application No. 1408 of 2018 has ordered that the matter should proceed without amendment.

2.

By order dated 16th April, 2018 the civil application was allowed and the applicants were permitted to carry out amendment within a period of three weeks (excluding summer vacation). The pps

16-iii-caf 824-19 in fa 364-13.doc applicant did not carry out the amendment within three weeks. Hence by the impugned order, the Registrar directed that the matter be proceeded with without amendment.

3.

In view of the reasons stated in para nos. 9 and 10 of the application, the order dated 7th February, 2019 is recalled. The applicants are permitted to carry out the amendment within one week and to furnish copy of the amended appeal memo to the respondents.

4.

Stand over to 20th March, 2019.

(ANUJA PRABHUDESSAI, J.) pps