Dr. Ajit K. Shah v. Mr. Mohan J. Sotie And ORS.

(8)-CAF-3463-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3463 OF 2014 IN FIRST APPEAL NO.285 OF 2007 Dr. Ajit K. Shah .. Applicant

Versus

Mr. Mohan J. Sotie and others .. Respondents Mr. K. M. Savla i/by Mr. Manish P. Jagani for the Applicant. None for the Respondents.

CORAM : R.M. SAVANT, J.

DATE : 12th AUGUST 2016 P.C.

The above Civil Application has been filed for two fold reliefs i.e. bringing the heirs of the Respondent No.1 and bringing the heirs of the Respondent No.3 on record. In so far as the second relief is concerned, the Learned Counsel for the Applicant Mr. K. M. Savla states that he would not press the said relief. However, the Civil Application would be pursued only in so far as the heirs of the Respondent No.1 are concerned. The heirs of the Respondent No.1 are shown as proposed Respondent Nos.1 to 3. The Applicant has filed two affidavits of service dated 04.03.2014 to which are annexed the acknowledgments of the Respondent Nos.1 and 2 separately to the said two affidavits. Though the Respondents are served, non BGP.

(8)-CAF-3463-14.doc appears for them. Hence, accepting the case of the Applicant in the above Civil Application for the delay having occurred in filing the above Civil Application, the same is allowed. Resultantly, the heirs of the Respondent No.1 who are the Respondent Nos.1 to 3 are allowed to be brought on record. Amendment to be carried out within four weeks from date. The Civil Application is accordingly disposed of. [R.M. SAVANT, J] BGP.