Jashvantsinh Nanubhai Parmar v. Prabhatsinh Jashvantsinh Parmar And ORS

30) ca3448-15 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3448 OF 2015 IN FIRST APPEAL NO.1037 OF 2011 Jashwantsinh Nanubhai Parmar ..Applicant.

V/s.

Prabhatsinh Jashwantsinh Parmar and Ors.

..Respondents.

Ms.Bhavana A,. Anklesari for the applicant in CA/2764/2015 and respondent No.5 in CA/3449/2015.

Ms.Anita A.Anklesharia for the applicant in CA/3448/2015 and respondent No.1 In CA/3449/2015 and original appellant in FA/1037/ 2011.

Ms.Shyama P.Parkar for applicant In CA/3449/2015 and respondent No.4 inCA/2764/15 and CA/3448/2015.

Mr.Uzair Kazi with Mr.Mohenish Patkar i/b. Divya Shah Asso. for respondent Nos.2 and 3 in CA/3488/2015 and CA/2764/2015 and for respondent Nos.3 and 4.

CORAM : A.S.OKA AND V.L.ACHLIYA, JJ.

DATED : 19TH OCTOBER, 2015 P.C. :- 1.

This application is filed by the first respondent in the appeal. The appellant in the appeal is Jashwantsinh Nanubhai Parmar who expired on 5th March, 2015. By a separate order passed today in Civil Application No.2764 of 2015, the appellant's widow has been ordered to be brought on record as A Legal Representative of the appellant. The first respondent is the son of the deceased appellant. The learned counsel appearing for the applicant in Civil Application No.2764 of 2015 (widow of deceased appellant) has no objection if the applicant (first respondent) in 1/2

30) ca3448-15 appeal is transposed as the Legal Representative of the appellant. 2.

The second prayer in this application is for impleading the daughters of the deceased appellant as party respondents. Even the said prayer deserves to be allowed. Accordingly, the application is allowed in terms of prayer clauses (a) and (b). Amendment be carried out within a period of four weeks from today.

(V.L.ACHLIYA, J.) (A.S.OKA. J.) 2/2