Naveen Premraj Shah(Nahar)Deceased ) Thr. Lrs. Smt. Asha N. Shah v. Babubahi Sardarmal Shah (Deceased) Thr.Lrs.Pushpaben B. Shah And ORS

903.CAA552_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 552 OF 2017 IN APPEAL FROM ORDER No. 444 OF 2013 Rajendra Kumar Shah (Decd.) through LR Smt. Deepikaben R. Shah ... Applicant In the matter between Babubhai Sardarmal Shah (Decd) through LR Smt. Pushpaben B. Shah & Ors. ... Appellants Vs.

Dilip Babubhai Shah & Ors.

... Respondents WITH CIVIL APPLICATION NO. 553 OF 2017 IN APPEAL FROM ORDER No. 444 OF 2013 Naveen Premraj Shah (Decd.) through LR Smt. Asha Naveen Shah ... Applicant In the matter between Babubhai Sardarmal Shah (Decd) through LR Smt. Pushpaben B. Shah & Ors. ... Appellants Vs.

Dilip Babubhai Shah & Ors.

... Respondents Ms. Cristina Carles, Advocate for the applicant in both the Applications.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 1st September, 2017.

P.C.:

The learned counsel for the applicants submitted that the applicants have taken out these Civil Applications for bringing legal heirs of appellant no. 15 - Naveen Premraj Shah (Nahar) and 1 / 2

903.CAA552_2017.doc appellant no. 21 - Rajendra Shah. She submitted that the main contesting respondents are respondent nos. 1 to 17 and they have been served by her. Advocate Anand Kulkarni is appearing for respondent nos. 1 to 5 and none is appearing for respondent nos. 6 to 17.

2.

The wives of appellant nos. 15 and 21 were not aware that it is necessary for them to come on record as legal heirs and it was not properly communicated to their counsel, hence there is delay in filing Application for bringing legal heirs on record. 3.

In view of uncontroverted submissions, delay is condoned. The legal heirs of appellant nos. 15 and 21 are to be brought on record. Amendment to that effect is to be carried out within 2 weeks from today.

4.

Civil Applications are disposed of.

(MRIDULA BHATKAR, J.) 2 / 2