Martu Purushottam Nayak Decd Thru Lhrs And ORS v. Aviva Abraham Benjamin And ORS

20-ia -2047-2023.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PALLAVI MAHENDRA WARGAONKAR Date:

2023.03.13 10:45:26 +0530 PALLAVI MAHENDRA WARGAONKAR INTERIM APPLICATION NO.2047 OF 2023 IN WRIT PETITION NO.3082 OF 2001 Martu Purshottam Nayak (since deceased) Through LR's 1A) Vyankatesh Martu Nayak and Ors.

... Applicants

Versus

Aviva Abraham Benjamin and Ors.

... Respondents  Mr. S.S. Kanetkar, for the Applicants.

 Ms. Pooja Malik i/b. N.R. Bubna for the Respondent No.3. CORAM: MADHAV J. JAMDAR, J.

DATE : 10th MARCH 2023 P.C.:

1.

Interim Application is taken out to bring on record the legal heirs and representatives of Respondent No.3 and for setting aside abatement against Respondent No.3.

2.

Ms. Pooja Malik, learned counsel appearing for the Respondent No.3 strongly opposes the application.

3.

However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c). Amendment be carried out within a period of 14 days from today. 4.

Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.) 1/1