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Bombay High CourtCA/15222/2022disposed off

Omprakash Jaglal Jaiswal And ANR v. Kamlabai Maniklal Jaiswal Thr Lrs Shantilal And ORS

2023-01-13Hon'Ble Ms. Justice Gauri Godse2 pages

36-CA-15222-2022 SGA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15222 OF 2022 IN SECOND APPEAL NO.319 OF 2010 WITH CIVIL APPLICATION NO. 3567 OF 2020 IN SECOND APPEAL NO. 319 OF 2010 Omprakash Jaglal Jaiswal ... Applicant

Versus

Kamalbai Maniklal Jaiswal (Died) through her L.Rs.

1A. Shantilal Maniklal Jaiswal and others.

... Respondents ...

Mr. P.G. Godhamgaonkar - Advocate for applicant ...

CORAM : GAURI GODSE, J.

DATE : 13th January, 2023 PER COURT :

Civil Application No.15222 of 2022 :

1.

This application is for bringing on record the names of heirs and legal representatives of deceased respondent no.8. The application states that heirs and legal representatives are respondent nos.9, 10, 11 and 12, who are already on record in different capacity, hence only formal amendment is required. 1/2

36-CA-15222-2022 For such formal amendment there appears to be no delay in filing the application. Hence the application is allowed and the applicant is granted leave to amend the cause title of second appeal for showing respondent no.8 as deceased through heirs and legal representatives respondent nos.9, 10, 11 and 12. Amendment to be carried out within four weeks. 2.

Civil Application is allowed in above terms.

Civil Application No. 3567 of 2020 1.

Learned counsel for the applicant seeks time to take steps against unserved respondents.

2.

Stand over to 10th February, 2023.

[ GAURI GODSE ] JUDGE 2/2