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Bombay High CourtCAW/1912/2018

Shri. Hemendra Chunilal Shah And ANR. v. Shri. Ramniwas Hukumchand Bansal And ORS.

2019-01-31Hon'Ble Shri Justice K.K. Tated2 pages

7 caw1912-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1912 OF 2018 IN WRIT PETITION NO.12099 OF 2017 Hemendra Chunilal Shah and Anr.

.. Applicant vs.

Ramniwas Kukumchand Bansal and Ors.

.. Respondents Mr.S.S.Patwardhan for the applicant Ms.Manjiri S. Parasnis for the respondent no.3

CORAM:

K.K. TATED, J DATED :

JANUARY 31, 2019 P.C. :

Heard.

By this Civil Application, Applicant is seeking permission to delete the names of Respondent nos.4 to 7 from the cause title of Writ Petition No.12099 of 2017 at their cost and consequences. 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 at their cost and consequences. Hence, following order is passed:

Mohite 1/2

7 caw1912-18.doc A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That the applicants be permitted to amend the cause title of the Writ Petition No.12099 of 2017 and delete the names of Respondent No.4 to 7 from the array of respondents.".

B) Amendment be carried out on or before 28.02.2019 in Writ Petition No.12099 of 2017, failing which the Civil Application stand dismissed without further reference to the court. C) If amendment is carried out within stipulated time as stated hereinabove, advocate for the Applicant is directed to serve amended copy of petition on other side immediately thereafter. D) Civil application stands disposed off accordingly. (K.K. TATED, J.) Mohite 2/2