Shri. Tribhuvandas M. Rughani And ORS v. Shree Raghuvanshi Cooperative Housing Society Ltd And ORS

OSK 905-caf-4100-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4100 OF 2016 IN FIRST APPEAL NO. 849 OF 2011 Shri Tribhuvandas M. Rughani & Ors.

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Applicants/ Appellants

Versus

Shree Raghuvanshi Co-operative Housing Society Ltd. & Ors.

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Respondents Mr.P.K.Dhakephalkar, Sr.Advocate with Dr.Birendra Saraf, Ms.Pooja Kshirsagar, Mr.Anand Chovatia, Mr.Yogesh Patil, Ms.Sheetal Mehta i/b. Mr.Yogesh Adhia for Applicants/Appellants.

Mr.Shreepad Murthy with Mr.Abhishek Patil i/b. Mr.Anand Nikhal for Respondent No.1.

Ms.M.R.Bhoir for Respondent Nos.11 and 12.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 27TH OCTOBER, 2016.

P.C. :

1] This is an application preferred by the original defendant nos.8 to 12 to bring legal heirs of appellant no.3 on record who has expired on 15th June, 2016 leaving behind his last Will and Testament dated 21st May, 2016. It is submitted that in the said Will appellant no.5 is the executor and also the beneficiary of the right, title and 1/2

OSK 905-caf-4100-2016.odt interest of the deceased in the suit property and hence, appellants may be permitted to amend the Appeal Memo to bring the name on record as appellant nos.3A, 4 and 5 as per the schedule. 2] The only objection raised by respondent no.1 is that if the legal heirs are brought on record on the basis of the will then the appellants are doing so entirely at their own risk because there may be other legal heirs also.

3] In view thereof, this application is allowed. Needless to state that, it is at the risk of the appellants. 4] The applicants to carry out necessary amendment within three weeks from the date of this order.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2