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Bombay High CourtCAC/6/2024disposed off

Sundari Alias Kanta Yeshwant (Since Deceased) Thr. Lrs. And ORS. v. Ellora Construction Co. And ORS.

2024-02-12Hon'Ble Shri Justice M. M. Sathaye2 pages

32 CAC 6-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6 OF 2024 Digitally signed by SNEHA NITIN CHAVAN Date:

2024.02.13 12:26:51 +0530 IN CIVIL REVISION APPLICATION NO. 362 OF 2012 SNEHA NITIN CHAVAN Sundari Alias Kanta Yeshwant (since deceased) thru. Lrs. And Ors.

...Applicants

Versus

Ellora Construction Co. and Ors.

...Respondents

**** Mr. Tushar Dahibawkar i/b M/s. Dahibawkar and Co. for the Applicants.

Mr. Dhruv Dandekar i/b Desai and Diwanji for Respondent Nos. 1, 3 and 5.

Mr. Parantap Mahadevia a/w Nilesh Modi i/b Rustamji and Ginwala for the Respondent Nos. 11, 13, 14(b) , 14(c) and 15. **** CORAM : M.M.SATHAYE, J.

DATE : 12th FEBRUARY 2024 P.C. :

1.

This is an application by original Revision Applicant for deletion of name of Respondent No.14(a), who has died during the pendency of the proceedings and her legal heirs are already on record in their individual capacity as Respondent Nos. 14(b) and 14(c).

2.

Considering the fact that the legal heirs are already on record, delay, if any, is only technical. In view thereof, considering the averment in the application and submissions made, interim Sneha Chavan page 1 /2

32 CAC 6-24.doc application is allowed in terms of prayer clause (a). Applicant is permitted to delete the name of Respondent No. 14(a) from the proceeding.

3.

Necessary amendment to be carried out within a period of two weeks from today.

4.

Interim application is disposed of.

5.

copy of this order.

[M.M.SATHAYE,J.] Sneha Chavan page 2 /2