Dhirajlal Raishi Chheda v. Smt. Mithiben Raishi Chheda

54 caw 28-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 28 OF 2016 IN WRIT PETITION NO. 5486 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Dipen Furia i/b M/s. Shah & furia Asso. for the Applicant.

Mr. Josh Vyas i/b Jatin Sheth for the Respondent No.2.

CORAM : K. K. TATED, J.

DATED : 02/05/2016 P.C.:

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Heard learned Counsel for the parties.

This application is for bringing legal heirs on record of deceased Respondent No.1 Mithiben Chheda, who died on 30.10.2015.

The present Civil Application is filed on 23.12.2015 i.e. within limitation.

Considering the submissions made by the learned Counsel for the applicant, averments made in Civil Application and as the application filed within time, I am satisfied that applicant has made out case for allowing the present Civil Application. Hence, following order is passed:

a) Applicant is permitted to bring legal Sneha Chavan 1/2

54 caw 28-16.doc heirs on record of deceased Respondent No.1 on record in Writ Petition No. 5486 of 2014.

b) Amendment to be carried out on or before 15.06.2016, failing which civil application shall stand dismissed without referring back to the court.

c) If amendment is carried out within stipulated time as stated herein above, applicant is directed to serve the amended copy of Writ Petition on respondent or their Advocate thereafter immediately.

d) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2