Manasukhlal Jethalal Shah (Since Deceased Through Lrs.) And ORS. v. Mr. Bipin M. Sangar

Trupti 507-caw-1543-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1543 OF 2017 IN WRIT PETITION NO. 8190 OF 2013 Manasukhlal Jethalal Shah (since deceased) through legal heirs Ranjan Mahendrabhai Gandhi & Ors.

...Applicants/Petitioners

Versus

Respondent Nos. 1a to 19 & 21 deleted as per order of this Hon'ble Court Mr.Bipin M. Sangar Alias Mr.Bipin M. Gandhi

...Respondent

......

Mr.Milind M. Sathaye for the Applicants.

Mr.Vishal S.Tambat for Respondent No.20.

......

CORAM: Mrs.MRIDULA BHATKAR, J.

DATED:

JULY 07, 2017 P.C. :

1.

Not on board. Upon mentioning, taken on board 2.

In Civil Application, the learned counsel for the applicants submits that this Court has allowed Writ Petition No. 8190 of 2013 of the applicants/petitioners and given permission to carry out the amendment in the plaint, vide order dated 19.04.2017. However, time granted to carry out the amendment came to an end on 03.05.2017. Till 03.05.2017,

Trupti 507-caw-1543-17.doc admittedly the amendment was not carried out by the applicants/petitioners. Thereafter, the application was moved on the next date i.e. on 04.05.2017 seeking permission to carry out the amendment. However, the said application was rejected by the trial Court, vide order dated 05.05.2017 on the ground that as per order of the High Court, only two weeks time was granted to carry out the amendment and it may amount to contempt of the High Court, if the period is extended. He further submits that he be allowed to carry out the amendment till 18.07.2017.

3.

The learned counsel for respondent no. 20 opposed this application.

4.

Heard submission. Perused the order. Time to carry out the amendment is extended upto 18.07.2017 by way of last chance. The trial Court to act upon an authenticated copy of this order. 5.

In view of the above, Civil Application is disposed of. (MRIDULA BHATKAR, J.)