Arvind Krishnadas Mistry v. Pranjivan Krishnadas Mistry (Deceased) And ORS.

14-IA3168-21INFA1386-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3168 OF 2021 IN FIRST APPEAL NO. 1386 OF 2017 Arvind Krishnadas Mistry ...Applicant In the matter between Arvind Krishnadas Mistry ...Appellant

Versus

Pranjivan Krishnadas Mitry & ors.

...Respondents

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2021.10.30 19:00:09 +0530 Mr. Pritesh Bura, a/w R. F. Totala, Ms. Khushboo Rajgor, i/b Pritesh Burad & Asso., for the Applicant/Appellant. Mr. Ruchir Tolat, i/b L. C. Tolat, for original Respondent nos.1 & 3.

CORAM:

N. J. JAMADAR, J.

DATED :

29th OCTOBER, 2021 PC:- 1.

Heard Mr. Bura, the learned Counsel for the applicant/ appellant.

2.

Mr. Tolat, the learned Counsel, submits that he has instructions to appear on behalf of proposed respondents - legal representatives of respondent no.1 - original plaintiff, Mr. Pranjivan Mistry, who has expired on 17th April, 2021. 3.

The learned Counsel further submits that the proposed respondents have no objection to implead them as party respondents to this appeal in the capacity of the legal representatives of deceased respondent no.1.

1/2

14-IA3168-21INFA1386-17.DOC 4.

In view of the averments in the application and aforesaid submission, the delay in taking out the application stands condoned.

5.

The abatement stands set aside.

6.

The appellant is permitted to bring the legal representatives of the deceased respondent no.1, on record in accordance with the schedule of amendment, tendered across the bar.

7.

Necessary amendment be carried out within three weeks from today.

8.

The application stands disposed of.

[N. J. JAMADAR, J.] 2/2