Pilloo D. Broacha And ANR v. Meena Ramesh Dewadiga

19.572.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.572/2015 IN FIRST APPEAL NO. 2307/2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Nupur J. Mukherjee i/b. M/s. N. N. Vaishnawa & Co. for the Applicant CORAM : K. K. TATED, J.

DATE : JANUARY 20, 2016 P.C.:

1.

Heard the learned counsel for the Applicant. None for the Respondent though duly served. The learned counsel for the Applicant undertakes to file Affidavit of service within 2 weeks from today. Undertaking is accepted.

2.

This Application is for bringing on record the new trustees of the Trust known as Bhicaiji H. Bennett Trust. She submits that the original Appellant No.3 Jeroo D. Broacha expired and in his place, a new trustee has been appointed. Hence, the Applicant be permitted to carry out appropriate amendment in the First Appeal by bringing on record the new Trustee.

Basavraj G Patil 1/2

19.572.15-caf 3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which read thus:

(a) That Petitioners be permitted to amend the First Appeal No.2307/2008 as per the schedule annexed hereto.

b) Amendment to be carried out within 6 weeks from today.

c) Amended copy of the First Appeal be served on the Respondent thereafter immediately.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2