Anand Laxman Sakpal v. Smt. Sumitra Sanjay Shinde And Others

CAS1530_14.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1530 OF 2014 IN SECOND APPEAL NO.522 OF 2011 (Anand Laxman Sakpal Vs. Sumitra Sanjay Shinde and ors.) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Samarth Moray for Applicant.

Mr. S. R. Ghanavat i/b. Mr. V. S. Talkute for orig. Appellants. Mr. A. Diamondwala i/b. M/s. Diamondwala & Co. for Respondents No.1 to 6.

CORAM : R. G. KETKAR, J.

DATE : 18TH APRIL, 2015 P.C.:

Heard Mr. Moray, learned Counsel for applicant, Mr. Ghanavat, learned Counsel for original appellants and Mr. Diamondwala, learned Counsel for respondents No.1 to 6. 2.

This is an application for deleting the names of respondents No.1 to 6 and substituting the name of applicant as a sole respondent in Second Appeal No.522 of 2011. 3.

In support of this Application, Mr. Moray submitted that on 17.07.2003, respondents No.1 to 6 executed the registered sale deed on 26.03.2014 in favour of the applicant. The present Application is taken out under Order 22 Rule 10 of the Code of Civil Procedure, 1908. Mr. Diamondwala opposes this application and submits that at the highest, applicant may be added in the Second Appeal. Respondents No.1 to 6 have 1/2

CAS1530_14.doc however, not disputed the fact that they have sold the property in dispute to the applicant herein.

4.

In view thereof and for the reasons stated in the application, Civil Application is allowed in terms of prayer clause (a) with no order as to costs. Amendment in the main Appeal shall be carried out within 14 days from today. (R. G. KETKAR, J.) Minal Parab 2/2