Dharmendra Bhulan Gupta And ORS. v. Saheblal Laxman Gupta And ORS.

38-fa-1838-2005.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1838 OF 2005 WITH INTERIM APPLICATION NO.78 OF 2023 Dharmendra Bhulan Gupta and Ors.

... Appellants V/s.

Saheblal Laxman Gupta and Ors.

... Respondents WITH INTERIM APPLICATION NO.1532 OF 2023 IN FIRST APPEAL NO.1838 OF 2005 Pintoo Alias Sadan and Gupta ... Appellant V/s.

Saheblal Laxman Gupta and Ors.

... Respondents Mr. V. R. Tripathi for the Appellant.

Mr. Nitin Parkhe a/w. Raj J. kapadia for Respondent Nos.1, 3 & 5.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 21, 2023 P.C.:

INTERIM APPLICATION NO.1532 OF 2023 1.

The Application is filed to bring legal representatives of Respondent No.2 on record. The Appeal arises out of Suit for partition. The right to sue is survives to the legal representative of the Respondent No.2. The legal representatives have not caused their appearance despite, private service. The Application is,

38-fa-1838-2005.doc therefore, allowed in terms of prayer clauses (a) and (b). 2.

Necessary amendment to be carried out within four (4) weeks from today.

INTERIM APPLICATION NO.78 OF 2023 3.

The learned Advocate for the Applicant on instructions seeks permission to withdraw the Application.

4.

The Application is disposed of as withdrawn at the risk of the Applicant.

(AMIT BORKAR, J.)