Rameshbhai Harjibhai Makwana v. Yezdi Darabsha Icchaporia And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2816 OF 2021 IN EXECUTION APPLICATION (L) NO.5258 OF 2021 IN SUIT NO.955 OF 2015 Rameshbhai H. Makwana & Ors.

.. Applicants/Plaintiffs v/s.

Nergish Kersi Dotiwala & Ors.

.. Defendants Mr. J. V. Parmar for the applicants/plaintiffs. CORAM : A. K. MENON, J.

DATED : 30TH NOVEMBER, 2021.

P.C. :

1. The learned counsel for the applicant submits that the application seeks leave to amend the legal heirs of deceased plaintiff no.3. He further states that although the three legal heirs identified in the Schedule to the IA have been served, he has entered appearance on their behalf. In view thereof, the application is liable to be allowed.

Digitally signed by SANDHYA BHAGU WADHWA Date:

2021.12.01 11:11:46 +0530 SANDHYA BHAGU WADHWA 1/2 25.ia-2816-21.doc wadhwa

2. Accordingly, I pass the following order;

(i) IA is made absolute in terms of prayer clauses (a) and (b). (ii) Amendment to be carried out within two weeks from today. Re-verification is dispensed with.

(iii) Additional affidavit, if any, shall also be filed within two weeks from today.

(iv) IA is disposed in the above terms.

(A. K. MENON, J.) 2/2 25.ia-2816-21.doc wadhwa