M/S. Kalki Enterprises v. Shri.Chandrakant Pran Shankar Lehru(Deceased) Through Lrs. Shri. Anil Chandrakant Lahru And ORS.

2245.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2245/2015 IN FIRST APPEAL NO.369/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Yasmin Bhansali with Yogesh Gaikwad for the Applicant Mr. Kumar Nichani i/b. R. C. Nichani for the Respondent Nos.1A to 1C.

CORAM : K. K. TATED, J.

DATE : JULY 7, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

Heard. This Application is preferred by the Defendant No.14 for bringing legal heirs on record of deceased Respondent No.1A (a) Anil Chandrakant Lehru, who died on 22/05/2015. The present Civil Application is filed on 29/06/2015 i.e. within time.

3.

Considering the submissions made by the learned counsel for the Applicant and the Basavraj G Patil 1/2

2245.15-caf averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which read thus:

(a) That this Hon'ble Court be pleased to permit the Applicant / Appellant to amend the cause title of the memo of First Appeal and Civil Application No.1134/2014 by deleting the name of the deceased Respondent No.1(a) and to add in its place, the names of the Respondent nos.17 and 18 herein, being his heirs and legal representatives.

b) The Applicant to carry out appropriate amendment within 2 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the appeal memo and Civil Application on the added Respondent and other Respondents or their Advocate.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2