Lalitbhai J. Dhurva H.U.F. And ORS v. Girivilla Co-Operative Housing Society Ltd And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO. 1885 OF 2014 IN WRIT PETITION NO. 5138 OF 2013 Lalitbhai J. Dhurva HUF & Ors.

...Applicants.

IN THE MATTER BETWEEN

Lalitbhai J. Dhurva HUF & Ors.

...Petitioners.

Vs.

Girivilla Co-op. Housing Society Ltd. & Ors.

....Respondents.

Mr. M.S. Surana for the Applicants/Petitioners. Mr. Krishna Raja i/by L.J. Law for Respondent No.1 in Petition. Ms. P.S. Cardoz, AGP for Respondent Nos. 2 and 3. Ms. Rupa Mittal for Respondent Nos.4 to 6.

CORAM:- ANOOP V. MOHTA, J.

DATE :- 5 FEBRUARY 2015.

P.C:- Considering the averments made and in the interest of justice as the Writ Petition is not yet admitted, by keeping all points open, including the defence if any, I am inclined to grant the amendment Application in terms of prayer clause (a). The Respondents to file reply and/or additional affidavit dealing with every aspects on all points.

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ssm 2 1-caw1885.14.sxw Civil Application No. 1885 of 2014 is accordingly allowed. So far as order dated 23 April 2014 passed in Civil Application No. 816 of 2014, though objected by Respondent No.1, I am inclined to grant extension to bring Legal Heirs on record, as the Court has already permitted the Petitioner to do the same. The time is extended for one week from today, accordingly. The Petitioners to take steps to carry out amendment within one week. The Writ Petition be placed before the appropriate Bench, accordingly.

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