A)Arif Roshanali Japanese And ANR. v. Mr.Arun Raghuvir Jaiswal And ORS.

30(a).caf.1068.2019.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1068 OF 2019 IN FIRST APPEAL NO.165 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. Shashank V. Choudhary I/b Mr. Sachin Masurkar.

Mr. Rubin Vakil I/b Durgesh Kulkarni for respondent Nos.3 and 4.

Mrs. Madhuri More for BMC in both the matters.

CORAM : K. K. TATED, J DATE : MARCH 26, 2019 P.C.:

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Heard learned Counsel for parties.

2.

By this Civil Application, applicant is seeking deletion of the name of the applicant No.1B Daulat Roshanali Japanwala, who died on 02.02.2018.

The Civil Application is filed within time.

3.

Considering the submissions made by learned Counsel for the applicant, S.C. Magar 1/2

30(a).caf.1068.2019.doc averments made in Civil Application, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :- a) Applicant is permitted to delete the name of Daulat Roshanali Japanwala from the cause title of the First Appeal No.165 of 2003 on or before 26.04.2019, failing which Civil Application shall stand dismissed without reference to the Court.

b) If amendment is carried out within time, applicant is directed to serve the amended copy of appeal memo on other side immediately thereafter.

c) Civil Application stands disposed of accordingly.

d) No order as to costs.

Sd/- (K.K.TATED, J.) S.C. Magar 2/2