Vikram Arvindlal Siswawala And ANR v. Vina Arvindlal Siswawala And ORS

36.IA.1551..21 in S.76.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1551 OF 2021 IN SUIT NO. 76 OF 2021 Vikram Arvindlal Siswawala & Anr.

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Applicants/Orig.

Plaintiff Nos.2 and 3.

In the matter of Vina Arvindlal Siswawala & Ors.

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Plaintiffs

Versus

Bhoumik Co-operative Housing Society Limited & Anr.

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Defendants And Jaideep Arvindlal Siswawala ...

Respondent Ms. Priyanka Kothari a/w Mr. Aziz Mohd. Sehyr Taly i/b S. Mahamadbhai & Co. for the Plaintiffs in Suit No.1190/2019 and Applicant in NMS/2179/2019 and for Defendants in Suit No.76/2021. Mr. Yogendra Rajgor i/b Legal Chartered for Defendant Nos.1 to 3, 14 and 15 in Suit No.1190/2019 for Plaintiffs in Suit No.76/2021 and for Applicants in IA/1551/2021.

Mr. Karl Tamboly i/b Jamshed Ansari for Defendant No.13. Mr. Devang Parmar for Defendant Nos.4 to 6, 12 and 16. CORAM : R.I. CHAGLA, J.

DATED : 10th DECEMBER, 2021.

Waghmare 1/2

36.IA.1551..21 in S.76.21.doc ORDER :

By this Interim Application the Applicants are seeking permission to amend the plaint as per schedule of amendment at Exhibit-B of Interim Application.

The Applicant has stated that Plaintiff No.1 has expired on 25.05.2021. The Applicant has accordingly sought deletion of Plaintiff No.1 from the array of parties and for adding the heirs of Plaintiff No.1 who are Plaintiff Nos.2 and 3 and to add as Defendant No.3, the son of the Plaintiff No.1.

Interim Application for amendment is allowed. Hence, the following order :

i) The Applicant shall amend the plaint as per the schedule of amendment at Exhibit-B of the Interim Application within a period of one week from today i.e. on or before 17.12.2021.

ii) Interim Application is disposed of in the above terms. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2021.12.13 22:42:09 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2