Shri. Jayant Shetty Since Deceased Shobha Jayanth Shetty And ORS. v. Shri. Sairus Adi Printer And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO.20097 OF 2019 WITH FIRST APPEAL NO.197 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.V.P.Sawant i/b Mr.Sameer Bhalekar for the applicant Mr.Sunil B.Ghatage for the appellant CORAM : K. K. TATED, J DATE : AUGUST 1, 2019 P.C.:

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

Heard.

By this Civil Application, Applicant is seeking permission to bring legal heirs on record of deceased appellant no.1 Jayant Shetty who died on 15.4.2019.

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The learned counsel for the Applicant submits that they filed the Civil Application on 12.7.2019 i.e. within time. Hence, in the interest of justice, this Hon'ble Court be pleased to allow the present Civil Application for bringing legal heirs on record of deceased appellant no.1 in First Appeal as well as pending Civil Applications. The learned counsel for all the Respondent have no objection if Civil Application is allowed.

The learned counsel for the Respondent nos.1 to 3 submit that he also preferred Civil Application No.3991 of 2014 for various reliefs. He submits that Respondent nos.1 to 3 may be permitted to carry out appropriate amendment in their Civil Application No.3991 of 2014 by bringing legal heirs on record of deceased appellant no.1.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as counsel for the Respondent have no objection, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Applicant is permitted to bring legal heirs on record of deceased appellant no.1 in First Appeal No.197 of 2013 and pending Civil 2/3

Applications on or before 16.8.2019 with copy to other side.

b) Respondent nos.1 to 3 are also permitted to carry out appropriate amendment in Civil Application No.3991 of 2014 by bringing legal heirs on record of deceased appellant no.1 on or before 16.8.2019 with copy to other side.

c) Civil application stands disposed of accordingly.

d) No order as to costs.

e) Matter to appear on board on 30.8.2019.

(K.K. TATED, J.) 3/3