Akbarali Yusufali Kagawala v. Nooruddin A. Baxa

50 CAW-1723-19.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1723 OF 2019 IN WRIT PETITION NO. 5990 OF 2018 Mr. Akbarali Yusufali Kagawala ... Applicant.

Versus

Mr. NooruddinA. Baxa and Ors.

... Respondents.

. . . . . .

Mr. Sachin Gelye for Applicant.

. . . . . .

CORAM : A. S. GADKARI, J.

DATE : 24TH SEPTEMBER, 2019 P. C. :

1.

This is an application for bringing legal heirs of the respondent No.1 on record.

2.

The record indicates that, the respondent No.1(a) has been duly served in the matter and on earlier occassion Ms. Mehta waived service of notice on behalf of respondent no.1(a). 3.

Learned counsel for the applicant submitted that, the application is filed within the period of limitation. 4.

For the reasons stated in the application, the application is allowed in terms of prayer Clause (a).

The applicant is directed to carryout necessary amendment 1/2

50 CAW-1723-19.doc within a period of three weeks from today and an amended copy of the petition be served upon the learned counsel for the respondents within the same stipulated period.

(A. S. GADKARI, J.) 2/2