Noorjahan Kazi And ANR. v. Gazala Nasreen Shehzad Ali And 7 ORS.

7-IA-1735-22.doc Chaitali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1735 OF 2022 IN SUIT NO. 568 OF 2017 Noorjahan Kazi & Anr.

...Plaintiffs

Versus

Mohammed Elias Yousef Sait (Seth) & Ors.

...Defendants ---------- Mr. Dharani Jamani i/b Javed Patel for Applicant Shobhana R. Waghmare for Defendant Nos. 2 and 3. Parikshit Desai i/b SNG and Partners for Defendant No.6 ---------- CORAM : R.I. CHAGLA J DATE :15TH NOVEMBER, 2022 ORDER :

1.

Heard the learned Counsel for the Plaintiff.

2.

By this Interim Application, the Applicant is seeking deletion of Plaintiff No.2 from the cause title of the Plaint, as Plaintiff No.1 is the legal heir of Plaintiff No.2 and is already 1/2

7-IA-1735-22.doc on record.

3.

The Plaintiff No.2 had expired on 8th October, 2021. The order of the Supreme Court in Suo-Motu Writ Petition (C) No. 3 of 2020 has been relied upon which extended the period of limitation. The present Interim Application is within time. Accordingly, the following orders passed: i) The Applicant is permitted to delete the name of Plaintiff No.2 from the cause title of the plaint. ii) The delay in taking out the Interim Application is condoned.

iii) Amendment to be carried out within a period of two weeks from the date of this order.

iv) Interim Application is accordingly disposed of. [R.I. CHAGLA J.] 2/2