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Bombay High CourtCAW/36/2015disposed off

Navinchandra Kishan Maheshwari v. The Kasturba Nagar Chs Ltd.

2015-01-14Hon'Ble Shri Justice M.S. Sonak2 pages

DSS 14-caw-36-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.36 OF 2015 IN WRIT PETITION NO. 3439 OF 2015 Navinchandra K. Maheshwari .. Applicant In the matter between The Kasturba Nagar CHS Ltd.

.. Petitioner vs.

Kishan A. Maheshwari and ors.

.. Respondents Ms. Gayatri Singh for Applicant.

Mr. Vinay Bhate for the Petitioner.

Mr. S.D. Rayrikar, AGP for Respondent Nos.2 to 4. CORAM : M. S. SONAK, J.

DATE : 14 JANUARY, 2015 P.C. :- 1] Respondent No.1 in this petition has expired on 17 July 2014. This application is taken out by the applicant - Navinchandra Maheshwari, who claims to be one of the legal heirs of the deceased respondent No.1. The applicant seeks to be brought on record as the heir of deceased respondent No.1. 2] Although the procedure adopted is quite unusual, since such an application to have come from the petitioner, nevertheless, treating such request as having been made by and on behalf of the petitioner, the present application is entertained. 1/2

DSS 14-caw-36-15 3] Accordingly, the petitioner is directed to bring on record heirs of respondent no.1 referred to in the Schedule at pages 7 and 8 of this civil application within a period of four weeks from today. Necessary amendment to be carried out within the said period. 4] Ms Gayatri Singh, learned counsel waives notice on behalf of Navinchandra Maheshwari. Petitioner to take steps to serve remaining legal heirs.

5] Civil Application is disposed of.

(M. S. SONAK, J.) dinesh 2/2