Santa Mira Co.Op.Hsg.Soc.Ltd v. Chotalal Prabhudas Shroff Decd Thru Lrs

10-IA 17299.22 in wp 4778.98.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17299 OF 2022 IN WRIT PETITION NO.4778 OF 1998 Santa Mira CHS Limited ...Applicant V/s.

Chotalal Prabhudas Shroff Decd

...Respondents

through LRs.

Mr. S.G. Deshmukh for Applicant/Petitioner.

Mr. Nikhil Pujari i/by Mr. P.N Joshi for Respondent no.1.

BHALCHANDRA GOPAL DUSANE Mrs. V.S. Nimbalkar, AGP for Respondent nos. 2 and 3.

BHALCHANDRA GOPAL DUSANE Date: 2022.10.20 18:31:20 +0530

CORAM:

MADHAV J. JAMDAR, J.

DATE:

20th OCTOBER, 2022 P.C.:

1.

At the outset, Mr. Deshmukh seeks leave to amend the application to implead original Respondent nos.2 and 3 to the Interim Application. The amendment to be carried out forthwith. Re-verification is dispensed with.

2.

Heard Mr. Deshmukh, learned advocate appearing for the Applicant, Mr. Pujari, learned advocate i/by Mr. Pramod Joshi appearing for Respondent no.1 and Mrs. Nimbalkar, learned AGP appearing for Respondent nos.2 and 3.

10-IA 17299.22 in wp 4778.98.doc 3.

The Interim Application is for bringing on record legal heirs of Respondent no. 1 (A). Respondent no. 1(A) passed away on 12th December 2018. There is some delay in filing Interim Application, however, sufficient explanation has been given in paragraph 3 of the Interim Application.

4.

Mr. Pujari, learned advocate strongly opposes the Interim Application.

5.

For the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a) and (b). Amendment be carried out on or before 14th November 2022. 6.

Learned advocate appearing for the Applicant to supply to the Respondents amended copy of the cause title of the writ petition.

7.

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

(MADHAV J. JAMDAR, J.)