Shayona Developers A Partnership Firm And ORS v. Babubhai Chhanabhai Patel And ORS

ssm 1 10-ia2908.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 2908 OF 2020 IN APPEAL FROM ORDER NO. 291 OF 2019 Shayona Developers A Partnership Firm & Ors.

.....Applicants.

IN THE MATTER BETWEENShayona Developers

A Partnership Firm & Ors.

.....Appellants.

Vs.

Babubhai Chhanabhai Patel & Ors.

.....Respondents.

Mr. Balkrishna D. Joshi for the Applicants/Appellants. Mr. Pramod N. Joshi for the Respondent Nos. 2 to 7 and 8a to 8d. Mr. Virendra Pethe for the Respondent No.9 in AO No. 291 of 2019. Mr. Mandar Soman for the Respondent No.1a in AO No.291 of 2019. Mr. H.S. Venegavkar for the proposed Respondent No.13 in AO No.291 of 2019.

CORAM : A. S. GADKARI, J.

DATE : 17th AUGUST, 2021.

P.C.:- This is an Application for bringing legal heirs of Respondent No.8 on record.

It is submitted that, the Respondent No.8 Smt. Ditu Bhangiyabhai Patel expired on 15th December, 2019. The present Application is filed within a period of limitation. Mr.P.N. Joshi, learned counsel waives notice for and on behalf 1/2

ssm 2 10-ia2908.20.doc of Respondent No.8a to 8d i.e. the legal heirs of Respondent No.8 Smt. Ditu Bhangiyabhai Patel and submitted that, he has no objection for bringing her legal heirs on record and allowing the present Application. In view of the above and for the reasons stated in the Application, the Application is allowed in terms of prayer clauses (a). Necessary amendment in Appeal from Order No. 291 of 2019 be carried out in the record of the Court and also in the copies served upon the learned Advocates for the Respondents, within a period of four weeks from today.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2021.08.23 15:36:32 +0530 SANJIV SHARNAPPA MASHALKAR 2/2