Rajan Vashdev Rajwani And ANR v. Dharamdas Rajaram @Dharamdas Chelaram Rajwani And Nar

46.nms.319.2015.s3125.92.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 319 OF 2015 WITH NOTICE OF MOTION NO. 873 OF 2015 IN SUIT NO. 3125 OF 1992 Dharamdas Chelaram Rajwani alias Dharamdas Chelaram Rajwani & Anr.

.. Applicants In the matter between :

Rajan Vashdev Rajwani & Anr.

....Plaintiffs V/S Dharamdas Chelaram Rajwani alias Dharamdas Chelaram Rajwani & Anr.

...Defendants Mr.Aditya Shiralkar i/b Ranjit and Co. for plaintiffs. Mr.Satyan N. Vaishnava a/w. Ms. Nupur J. Mukherjee i/b M/s. N.N. Vaishnawa and Co. for original defendant no.2. CORAM : K.R.SHRIRAM, J.

DATE : 20TH APRIL, 2017 P.C.

Mr.Shiralkar for the plaintiffs submits that defendant no.2 expired on 12th August 2016. Mr.Shiralkar states that he got the details of the legal heirs on 20th April 2017 and tenders draft amendment. The draft amendment is taken on record and marked 'X' for identification. Leave to amend the plaint, as per the draft amendment Shraddha Talekar PS 1/2

46.nms.319.2015.s3125.92.doc tendered, is granted. It is clarified that the portion bracketed in red ink is not permitted. Amendment to be carried out and the amended suit to be served within two weeks from today.

NOTICE OF MOTION NO. 873 OF 2015 Shri Vaishnava for defendant no.2 states that he is yet to receive instructions from the legal heirs of defendant no.2 in view of demise of defendant no.2. Mr.Vaishnava seeks leave to withdraw the notice of motion. Notice of motion dismissed as withdrawn.

Pending motion/s adjourned to 15th June 2017. (K.R. -SHRIRAM, J.) Shraddha Talekar PS 2/2