Dhiraj Ratilal Shaha And ORS v. Shri. Chhaganlal Vallabhdas Shaha (Deceased) Thr.Lrs.1.1) Padmakant Chagganlal Shah And ANR

70-ia-20613-22 in fa-36-97.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.20613 OF 2022 IN FIRST APPEAL NO.36 OF 1997 Shri.Dhiraj Ratilal Shaha & Ors.

...Applicants

IN THE MATTER BETWEEN

by NILAM SANTOSH KAMBLE Date: 2022.12.16 15:57:52 +0530 NILAM SANTOSH KAMBLE Shri.Dhiraj Ratilal Shaha & Ors.

...Appellants

Versus

Shri.Chhaganlal Vallabhdas Shaha & Ors.

....Respondents ---- Ms.Rukmini Khairnar i/b Mr.P.N. Joshi, for the Applicants. Mr.R.V. Chile, for Respondent Nos.1 and 2.

---- CORAM : S.G. DIGE, J.

DATE : 12 DECEMBER 2022 P.C:- .

Heard learned counsel for the Applicants and the learned counsel for Respondent Nos.1 and 2.

2.

The learned counsel for the Applicants submit that during the pendency of the Appeal the Respondent No.1 is died, hence, his legal heirs are necessary to take on record and requested to allow the Application.

N.S. Kamble page 1 of 2

70-ia-20613-22 in fa-36-97.doc 3.

Considering the submissions of both learned counsel and the reasons mentioned in the Application, the Application is allowed.

4.

The Applicant to take steps within two weeks. 5.

The order passed by this Court dated 20 September 2022 is recalled.

(S.G. DIGE, J.) N.S. Kamble page 2 of 2