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Bombay High CourtCAF/2502/2014

Mr. Rajesh Loknath Soni And ORS. v. Municipal Corporation Of Greater Mumbai

2019-06-19Hon'Ble Shri Justice K.K. Tated2 pages

11-CAF 2502 of 2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2502 OF 2014 IN FIRST APPEAL No. 875 OF 2013 Rajesh Loknath Soni and Ors.

...Applicants In the matter between Loknath Mahadev Soni (deceased) and Ors.

...Appellants Vs.

Municipal Corporation of Greater Mumbai ... Respondent Ms. Khevana Dagli i/b. Mr. A.M. Saraogi for the Applicants Ms. Sheetal Mane for BMC.

CORAM:

K.K. TATED, J.

DATED :

JUNE 19, 2019 P.C. :

Heard learned counsel for the parties.

2.

By this civil application, the Applicant is seeking to delete the name of Original Appellant Nos. 1(b), 1(e) and 1(f) from the cause title of the first appeal.

3.

Considering the submissions made by learned counsel for the applicant, the averments made in the civil application and at the costs and consequences of the Applicant, I am satisfied that the applicant has made out a case for allowing this civil Tikam 1/2

11-CAF 2502 of 2014.doc application.

4.

Hence, following order:

(a) Civil application is allowed in terms of (a) at the costs and consequences of the Applicant, which reads thus: "(a) that the names of the Applicants being the original Appellants No.1(b), 1(e) and 1(f) be deleted from the present First Appeal on such terms as this Hon'ble Court may deem fit and proper".

(b) Amendment to be carried out on or before 6th July, 2019, failing which civil application shall stand dismissed without referring back to the Court.

(c) If amendment is carried out within stipulated time, amended copy to be served on other side on or before 26th July, 2019 and file affidavit of service to that effect.

(d) Civil Application stands disposed of accordingly. (K. K. TATED, J.) Tikam 2/2