Raishi Shivaji Chheda And ANR. v. Damji Kunverji Bharani Karta And Manager Of Kunverji Velji Bharani H.U.F.

40-caf-4194-13.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4194 OF 2013 IN FIRST APPEAL NO. 649 OF 1997 Raishi Shivaji Chheda ...Applicant V/s.

Damji Kunverji Bharani

...Respondent

And Mukesh Raishi Chheda ...Applicant Mr. Yahya Ghoghari i/by Mr. Jatin Seth for the Applicant. CORAM : R.D. DHANUKA, J.

DATE : 11TH NOVEMBER, 2019.

P.C. :- 1.

By this civil application, the applicant - Mukesh Raishi Chheda seeks his impleadment as the legal heir and representative of the original appellant, who has expired. Mr.Sanglikar, learned counsel appearing for another legal heir - Dhirajlal R. Chheda in Civil Application No.3967 of 2013 on instructions states that his client has no objection if the applicant in this civil application is impleaded as the appellant in place of the original appellant without prejudice to the rights and contentions of the applicant and if his client is joined as the respondent no.2 in the first appeal. Statement is accepted. 2.

The civil application is made absolute in terms of prayer clauses (a) and (b) without prejudice to the rights and contention of the applicant. The amendment to be carried out within four weeks 1/2

40-caf-4194-13.doc from today. The applicant is already permitted to bring the legal heir of the respondent - Damji Kunverji Bharani, whose names are mentioned in the schedule to the civil application at page 10. This amendment also shall be carried out within four weeks from today. The amended copy of the first appeal shall be served upon the respondent' s advocate within one from the date of carrying out amendment.

3.

The civil application is disposed of on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2