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Bombay High CourtCAC/639/2018allowed

Smt. Amina Benny Desouza, Thr. Her Guardian Mrs. V. Margarita v. Shri Narendra Bhikaji Chavan And ORS.

2022-10-04Hon'Ble Shri Justice Nitin W. Sambre4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO. 817 OF 2014 WITH CIVIL APPLICATION NO. 639 OF 2018 IN CIVIL REVISION APPLICATION NO. 817 OF 2014 Smt. Amina Benny Desouza ....Applicant V/S Shri Narendra Bhikaji Chavan & Ors.

....Respondents WITH CIVIL REVISION APPLICATION NO. 863 OF 2014 Mrs. Wilma Rebello ....Applicant V/S Shri Narendra Bhikaji Chavan & Ors ....Respondents WITH CIVIL REVISION APPLICATION NO. 868 OF 2014 Mr. Shaikh Mohommad Shaif (since Deceased By Legal Heirs) & Ors.

....Applicants V/S Shri. Narendra Bhikaji Chavan & Ors.

....Respondents WITH CIVIL REVISION APPLICATION NO. 870 OF 2014 WITH INTERIM APPLICATION NO. 2549 OF 2022 WITH CIVIL APPLICATION NO. 565 OF 2018 IN CIVIL REVISION APPLICATION NO. 870 OF 2014 Mrs. Anne Francis Lobo ....Applicant V/S Shri.narendra Bhikaji Chavan & Ors.

....Respondents WITH 1/4

2/4 CIVIL REVISION APPLICATION NO. 869 OF 2014 Tamiz Begum Abdul Rehman (Since Deceased) By Lrs & Ors.

....Applicants V/S Shri. Narendra Bhikaji Chavan & Ors.

....Respondents WITH CIVIL REVISION APPLICATION NO. 1152 OF 2014 Roland Anthony Henriques (deceased) Through Legal Heirs & Ors.

....Applicants V/S Shri. Narendra Bhikaji Chavan & Ors.

....Respondents Mr. Manish Kelkar for the applicant in CRA/817/2014 None for the applicant in CRA/863/2014 Mr. Rajesh More for the applicant in CRA/868/2014, CRA/870/2014, Mr. Akshay A. Deshmukh for the respondent nos. 1 to 5 in CRA/863/2014, CRA/868/2014, CRA/870/2014 Mr. Abhishek Pungliya for the applicant in CRA/1152/2014. CORAM : NITIN W. SAMBRE, J.

DATED :

4th OCTOBER, 2022 P.C.:

CA/639/2018 IN CRA/817/2014 1.

Through this civil application it is brought to the notice of this Court that the Respondent No. 3 has expired. Copy of the death certificate certifying her death on 07/05/2018 is placed on record.

2.

It is claimed that the respondent nos. 4 & 5 are legal heirs of the said respondent no. 3 and as such amendment to that effect 2/4

3/4 be permitted to carry out in the cause title of the revision application.

3.

Since the payer is not objected, the application is allowed. 4.

Let appropriate amendment in the cause title of the revision application be carried out within a period of two weeks from today. 5.

Failure on the part of the applicant to carry out the amendment as ordered will entail this Court to pass consequential order of rejection of the prayer for amendment, as prayed. 6.

As such, the order of rejection shall take effect forthwith if there is failure to carry out amendment, as directed. 7.

Needless to clarity that this revision is already admitted vide order dated 23/08/2017.

8.

The ofÏce to take steps to place on record the order of admission of the present application.

9.

The Civil Applicant stands disposed of.

CRA/863/2014 & CRA/870/2014 10.

Both the matters are already admitted by this Court. 11.

A joint request is made by the respective counsels for adjournment of the matter to 14/10/2012 as and by way of last chance as they intend to submit the consent terms. 12.

As such, adjourned to 14/10/2012 (FOB) as and by way of 3/4

4/4 last chance.

I A/2549/2022 IN CRA/870/2014 13.

Learned counsel for the applicant informs that the amount of arrears of compensation and current rent is already deposited. As such, the application has rendered infructuous. 14.

The application stands disposed of as infructuous. CRA/1152/2014 15.

No order.

ANANT KRISHNA NAIK ANANT KRISHNA NAIK Date: 2022.10.06 17:33:12 +0530 (NITIN W. SAMBRE, J.) 4/4