Ameera Rafiq Wahedna And ORS. v. Hassanally Hashambhoy Jetha And ORS.

21 cafst22098-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) 22098 OF 2019 IN FIRST APPEAL NO.693 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Rubia Taneja with Ms.S.Shama Taneja for the applicant Mr.V.Y.Sanglikar for the respondent nos. 1 to 3 CORAM : K. K. TATED, J DATE : AUGUST 7, 2019 P.C.:

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Not on board. At the request of the learned counsel for the applicant, matter is taken on board for urgent orders.

Heard.

The learned counsel for the Applicant submits that by this Civil Application, they are seeking permission to bring legal heirs on record of deceased appellant no.7, Taher Suleman Chinoy, who died on 23.5.2019. She submits that Civil Application is filed within Mohite 1/2

21 cafst22098-19.doc time.

The learned counsel for the Applicant submits that legal heirs of deceased appellant no.7 are already on record as appellant nos.1, 6 and 8. She submits that Applicant may be permitted to delete the name of appellant no.7 and allow Applicant to treat appellant nos.1, 6 and 8 as legal heirs of deceased appellant no.7. Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Applicant is permitted to delete the name of appellant no.7 from the cause title of First Appeal No.693 of 2015.

b.

Applicant is permitted to treat appellant no.1, 6 and 8 as legal heirs of appellant no.7. c.

Appellant to carry out appropriate amendment during the course of the day with copy to other side.

d.

Civil Application stands disposed of accordingly.

e.

No order as to costs.

f.

First Appeal to appear on board on 29.8.2019.

(K.K.TATED, J.) Mohite 2/2