Akhtarbhai Abdullabhai Since Deceased Through His Legal Heirs A) Memuna A Abdullabhai v. Mohammed Hussain Abdullabhai Since Deceased Through His Legal Heir And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1667 OF 2021 IN EXECUTION APPLICATION (L) NO.2329 OF 2018 Akhtarbhai Abdullabhai Since deceased through LRs .. Applicants(decree holders) In the matter between Mohammed Hussain Abdullabhai Since deceased through LRs .. Respondent/Judgment Debtor/Org. Claimants v/s.

Taherbhai Abdullabhai & Ors.

.. Defendants/Judgment Debtors Ms. Shruti Bhavsar for the applicants.

Mr. Shivam Bhagwati i/b. Yatin Shah for the Org.claimant no.1(a). CORAM : A. K. MENON, J.

TH AUGUST, 2021.

DATED : 18 P.C. :

1. This application seeks amendment to the Execution Application in terms of the Schedule. She states that respondent no.2 and 4(a) have expired and she seeks leave to bring on record the heirs of late respondent no.2 and 4(a) and to carry out consequential Digitally signed by SANDHYA BHAGU WADHWA Date:

2021.08.20 14:19:49 +0530 SANDHYA BHAGU WADHWA 1/2 21.ia-1667-21.doc wadhwa

amendments as set out in the schedule to the application.

2. On behalf of applicant no.1(a)/original respondent no.4(a) the learned counsel has no objection. On behalf of the applicant, it is contended that all the respondents have been served including the legal heirs. She undertakes to file an affidavit of service within one week from today.

3. Subject to affidavit of service being filed, amendment is allowed in terms of prayer clause (a). However, amendment shall be carried out within one week of filing affidavit of service.

4. IA is disposed in the above terms.

(A. K. MENON, J.) 2/2 21.ia-1667-21.doc wadhwa