Shantabai Balkrushna Rade Deceased Lrs. Sudhiranjan Balkrushna Rade And Others v. Dwarkabai Kashiram Choudhari Deceased Lrs. Govinda Kashiram Chaudhary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO.1465/2021 IN CA/1222/2021 IN SA/435/1997 SHANTABAI BALKRUSHNA RADE DECEASED LRS. SUDHIRANJAN BALKRUSHNA RADE AND OTHERS

VERSUS

DWARKABAI KASHIRAM CHOUDHARI DECEASED L.RS. GOVINDA KASHIRAM CHAUDHARY AND OTHERS ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 03/02/2021 1.

This Civil Application is preferred seeking amendment in Civil Application No.1222/2021 (CAST NO.13996/2020) in respect of description of the parties.

2.

Having considered the appeal memo of Second Appeal No. 435/1997 the legal heirs of respondent Dwarkabai Kashiram Choudhari have been brought on record and accordingly amendment has been carried out in the appeal memo. However, in Civil Application No.1222/2021 moved to bring on record legal heirs of appellant Shantabai Balkrushna Rade, the legal heirs of respondent Dwarkabai Kashiram Choudhari are not mentioned. It being mistake occurred due to inadvertence, it would be just and proper to allow the parties to correct title clause, more particularly description of the parties in Civil Application No.1222/2021.

3.

By virtue of the provisions under Chapter II Rule 3 (c) of the 12 CIVIL APPLICATION NO.1465/2021 IN CA/1222/2021

Bombay High Court Appellate Side Rules, the Registrar is empowered to entertain and decide applications for amendment of memoranda of appeals or applications by correction of the description of the parties. 4.

In turn, by exercising this power, the Civil Application No.1465/2021 is allowed. The applicants shall carry out necessary amendment in title clause of Civil Application No.1222/2021. REGISTRAR (JUDL) 12 CIVIL APPLICATION NO.1465/2021 IN CA/1222/2021