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Bombay High CourtCAS/1416/2016allowed

Shri. Purushottam Hirachand Shah (Deceased Thr. Lrs) v. 1.Shri Damodar, Hirachand Shah And ORS.

2016-09-16Hon'Ble Shri Justice R.D. Dhanuka2 pages

69-cas1416-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1416 OF 2016 IN SECOND APPEAL NO.708 OF 2009 Purushottam H. Shah, since deceased through His L.Rs. - Ms.Sangeeta P. Shah & Ors. ...Applicants

IN THE MATTER BETWEEN :

Smt.Geeta K. Shah & Ors.

....Appellants V/s.

Damodar H. Shah & Ors.

...Respondents

Mr.Nitesh Tank for the Applicants.

Mr.S.M. Kamble for the original Appellants in Second Appeal No.708 of 2009.

Mr.Rahul Theckedath i/b M.P. Savla & Co. for the Respondent No.1 CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

By this civil application, the applicants seek their impleadment in place of the respondent no.3, who has expired, as respondent Nos.3(A) to 3(F) in Second Appeal No.708 of 2009 and seek consequential amendment. Learned counsel appearing for the appellants and the respondent no.1 have no objection if this civil application is allowed. The statement is accepted. 1/2

69-cas1416-16 2.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within two weeks from today. No order as to costs.

(R.D. DHANUKA, J.) 2/2