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Bombay High CourtCAW/2807/2017

Kantilal Tulsidar Patel (Decd) Through Lrs. v. Juhu Shiv Shankar Co.Op. Hsg. Soc. Ltd. And ORS

2019-06-07Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 12-caw2806.17gp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2806 OF 2017 IN WRIT PETITION NO. 2019 OF 2016 Kantilal Tulsidar Patel (Since deceased, through His LRs.) .....Applicants/ Petitioners.

Vs.

Juhu Mahavir Co-operative Hsg. Soc. Ltd. & Ors.

.....Respondents.

WITH CIVIL APPLICATION NO. 2807 OF 2017 IN WRIT PETITION NO. 8825 OF 2016 Kantilal Tulsidar Patel (Since deceased, through His LRs.) .....Applicants/ Petitioners.

Vs.

Juhu Shiv Shankar Co-operative Hsg. Soc. Ltd. & Ors.

.....Respondents.

Mr. Atul Damle a/w Mr. Dhaval A. Patel I/by M/s. K. Ashar & Co. for the Applicant.

Mr. Vijay Nene for the Respondent Nos. 1 and 19 in Application No. 2806 of 2017.

Mr. Ashutosh Gole for the Respondent Nos. 1 and 13 in Application No. 8825 of 2016.

Smt. V.S. Nimbalkar AGP, for the Respondent No.2-State. 1/2

ssm 2 12-caw2806.17gp.doc CORAM : A. S. GADKARI, J.

DATE : 7th JUNE, 2019.

P.C.:- By the present Civil Applications, the Applicants/ Petitioners are seeking amendment to the Petition as per scheduled annexed to the Applications.

Mr. Gole, the learned counsel for the Respondent Nos. 1 and 13 in Civil Application No. 8825 of 2016 and Mr. Nene the learned counsel for the Respondent Nos. 1 and 19 in Civil Application No. 2806 of 2017 vehemently opposed these Applications. However, in view of the facts involved in the Applications and in the interest of justice, both the Applications are allowed in terms of prayer clause (a).

The Petitioners are directed to carry out the necessary amendment within two weeks from today and to serve the amended copy of the Petitions upon the learned counsel appearing for the respective Respondents within the same stipulated period. (A.S. GADKARI, J.) 2/2