Shree Halai Brahmakshana Panch v. Ganga Prasad Chetnarayan Mishra And ORS

ssm 1 33-caa1024.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1024 OF 2019 IN APPEAL FROM ORDER NO. 67 OF 2018 Shri Halai Brahmakshana Panch ....Applicant.

IN THE MATTER BETWEENGanga Prasad Chetnarayan Mishra & Ors.

.....Appellants.

Vs.

Shah Babulal Khimji (Deceased) Through L.Rs.

.....Respondents.

Mr. Sagar Talekar i/by Sagar Agarkar for the Appellants. Mr. Dinesh Shah for the Respondent Nos. 1A to 1E. Mr. Y.B. Dandekar for the Applicant in CAA No. 1024 of 2019. CORAM : A. S. GADKARI, J.

DATE : 18th NOVEMBER, 2019.

P.C.:- This is an Application for impleading the Applicant as Respondent No.2 in Appeal from Order No. 67 of 2018. Learned counsel for the Applicant submitted that, the Applicant has been directed to be impleaded as a Defendant No.2 in the Suit No. 3116 of 2008 by the learned Judge of the City Civil Court, Mumbai by its Order dated 11th September, 2017. However, the Appellants have not impleaded the Applicant as a Respondent herein. 1/2

ssm 2 33-caa1024.19.doc In view thereof and for the reasons stated in the Application, Application is allowed in terms of prayer clause (a). The Appellants are directed to carry out necessary amendment within a period of two weeks from today and an amended copy of the compilation of Appeal Memo be served upon the learned counsel for the Respondents within the same stipulated period. (A.S. GADKARI, J.) 2/2