Raishi Shivji Chheda (Decd) v. Dhirajlal Raishi Chheda

1/2 28.CAW.2754-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2754 OF 2016 IN WRIT PETITION NO.3508 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. J. Sheth i/b. M/s. G.H. Shukla & Co.

for the Applicant.

Ms. Aiman Warsi i/b. M/s. Sarwankar & Co. for the Respondent.

CORAM : R. G. KETKAR, J.

DATE : 27/10/2016 P.C.:

1.

Heard Mr.Sheth, learned counsel for the applicant and Ms.Warsi, learned counsel for the respondent.

2.

This is an application for amending the Writ Petition by deleting the name of Mithiben Raishi Chheda, since deceased and for condoning the delay of 256 days in filing Civil Application. Mithiben Raishi Chheda died on 30.10.2015 and present application is filed on 13.10.2016. By the application, the applicant has prayed for amendment by deleting name of Mithiben Raishi Chheda.

3.

As death of Mithiben Raishi Chheda is not in dispute, for the reasons stated in the

2/2 28.CAW.2754-16.doc application, Civil Application is allowed in terms of prayer clauses (a) and (b). Amendment in the main proceedings shall be carried out on or before 18.11.2016 and amended slip shall be made over to other side within the same time. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)