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Bombay High CourtCAF/3756/2019rule made absolute

Smt. Varsha Atmaram Kamble And ORS. v. Shri. Hemant Atmaram Kamble And ORS.

2019-11-26Hon'Ble Shri Justice R.D. Dhanuka2 pages

20-caf3756-19c.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3756 OF 2019 WITH FIRST APPEAL (STAMP) NO.33005 OF 2019 Varsha A. Kamble, since deceased through Her L.Rs. - Shweta A. Kamble & Ors.

...Applicants V/s.

Hemant A. Kamble & Ors.

...Respondents

WITH FIRST APPEAL NO.14111 OF 2013 Royal Sundaram Alliance, through Insurance Co. Ltd.

...Applicants V/s.

Varsha A. Kamble, since deceased through Her L.Rs. - Shweta A. Kamble & Ors.

...Respondents

Ms.Rina Kundu for the Applicant in CAF No.3756 of 2019 and the Appellants in FA.

Mr.Nikhil Mehta i/b M/s. KMC Legal Venture for the Appellants in FA No.1411 of 2013 and for the Respondent No.5 in FA(St.) No.33005 of 2013.

Ms.Anita Bhaktwani for the Respondent Nos.1 and 3 in FA(St.) No.33005 of 2013.

CORAM : R.D. DHANUKA, J.

DATE : 26TH NOVEMBER, 2019.

P.C. :- 1.

By this civil application, the applicants seek amendment to the cause title of the first appeal as per the proposed amendment set out at pages 4 and 5 of the civil application. Mr.Mehta, learned counsel appearing for the Insurance Company states that his client 1/2

20-caf3756-19c.doc does not admit that the names of the legal heirs mentioned at pages 4 and 5 of the civil application are the legal heirs of the deceased respondent no.3 or not and the said issue be kept open. 2.

The civil application is made absolute in terms of prayers clauses (a) and (b). The issue as to whether the parties whose names are in the proposed amendment at pages 4 and 5 are the legal heirs of the respondent no.3 or not is kept open. The amendment to be carried out within two weeks from today. There shall be no order as to costs.

3.

It is made clear that the amendments allowed by this order in this civil application shall also be carried out in First Appeal No.1411 of 2013 filed by the Insurance Company insofar as the respondent no.6 is concerned. The amendment to be carried out within two weeks from today. Re-verification is dispensed with. (R.D. DHANUKA, J.) 2/2