Smt. Lilavati Jadavji Chheda v. Khodadad Rustomji Cama And ORS

SIDDHARAM MASHAL Date: 2022.03.31 10:07:14 +0530 IRESH SIDDHARAM MASHAL 6.11212.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 11212 OF 2019 SMT. LILAVATI JADAVJI CHHEDA ....PETITIONER V/s.

KHODADAD RUSTOMJI CAMA AND ORS .....RESPONDENTS Mr. Ghulam Rasool Advocate for the Petitioner Mr. Manish Doshi i/b Vimadalal & Co. for Respondent no. 10 Mr. Gaurav Jain i/b The Law Point Advocate for the Respondent no. CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 29, 2022.

P.C.:

1) Heard respective counsel.

2) This Petition is by Plaintiff to R.A.D. & E. Suit No. 1999 of 2004. Application Exhibit 61 for amendment of Plaint came to be rejected vide impugned order dated 23/08/2019.

3) After having heard rival parties, this Court is of the view that since the subject matter of the Suit is already acquired by proposed Defendant i.e. Defendant no. 11, said Defendant is appropriate party 1/2

6.11212.19 wp.doc to the Suit. That being so, order impugned dated 23/08/2019 is hereby quashed and set aside. Application Exhibit 61 stands allowed. [NITIN W. SAMBRE, J.] 2/2