Mr. Iqbal Adamji Merchant And ANR. v. The Municipal Corporation Of Greater Mumbai And ORS.

2060.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2060 OF 2015 IN FIRST APPEAL NO.229 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. S. Uraizee & m. V. Singh for the Applicant Mrs. M. R. Bhoir for the Respondent NO.1.

CORAM : K. K. TATED, J.

DATE : JUNE 18, 2015 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased Appellant No.2 Firoz Adamji Merchant who died on 09/02/2015. The Civil Application is filed on 27/03/2015 i.e. within time.

2.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the Civil Application is filed within time, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

3.

Hence, the following order:

Basavraj G Patil 1/2

2060.15-caf a) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) That this Hon'ble Court may be pleased to permit Appellant No.1 to amend the cause title of the First Appeal by deleting the name of deceased Appellant No.2/ original Plaintiff No.2 by substituting in his place & stead names of proposed Appellant No.2(a) & 2(b) as per schedule of proposed amendment set out at exhibit-B herein."

b) Amendment to be carried out within 4 weeks from today.

c) Amended copy of the appeal be served on the advocate for the Respondent thereafter.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2