Surendra J Parekh v. Mr. Mohamedali Abdul Kadar Patel

skc 905-CAC-507-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 507 OF 2015 IN CIVIL REVISION APPLICATION (STAMP) NO. 27839 OF 2015 Surendra J. Parekh ..

Applicant vs.

Mohamedali Abdul Kadar Patel & Ors.

..

Respondents Mr. D. D. Singh i/b. Mr. P. K. Dubey for Applicant. Mr. Ramchandani for Respondent Nos. 1 and 2. CORAM : M. S. SONAK, J.

DATE: 27 OCTOBER 2015 P.C. :- 1] The learned counsel for the Applicant seeks leave to delete the Respondent No. 3 both in the Civil Application as well as in the Civil Revision Application. The learned counsel appearing for the landlords i.e. the Respondent Nos. 1 and 2 opposes such deletion contending that the Respondent No. 3 was the original tenant in respect of the suit premises.

2] The Applicant is permitted to delete the Respondent No.3 at the Applicant's risk as to consequences. The contentions of the Respondent Nos. 1 and 2 in this regard are specifically kept open. 3] Heard the learned counsel for the parties, in view of the 1/2

skc 905-CAC-507-15 reasons set out in the Civil Application, delay of seven days in filing the Civil Revision Application is condoned. Civil Application is allowed in terms of prayer clause (a). There is no reason to consider prayer clause (b) of this Civil Application. This is because in the Civil Revision Application, the Applicant has made a similar prayer and the same will be considered at that stage.

4] Civil Application is disposed of accordingly. (M. S. SONAK, J.) Chandka 2/2