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Bombay High CourtMCA/1050/2018disposed of

Sahajanand Investment Pvt. Ltd., Thr Its Director, Rasiklal Mohanlal Gangani., v. Landscapc Developers, Thr. Its Partner Dinar Tarkar And 2 ORS.,

2019-03-22Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 1050 OF 2018 IN FIRST APPEAL NO. 123 OF 2015 SAHAJANAND INVESTMENT PVT. LTD., THR ITS DIRECTOR, RASIKLAL MOHANLAL GANGANI., ... Applicant

Versus

LANDSCAPC DEVELOPERS, THR. ITS PARTNER DINAR TARKAR AND 2 ORS., ... Respondents Ms. A. Nagvekar, Advocate for the Applicants. Coram:- R. D. DHANUKA & NUTAN D. SARDESSAI, JJ.

Date:- 22nd March 2019 P.C.:

By this application, the applicants seek to bring on record the legal heirs of the respondent no.2(v) who has expired on 07/05/2015. The learned Counsel appearing for the applicants states that the respondent no.2(v) expired leaving behind her husband, who is already impleaded as the respondent no.2(vi) and her daughter Jenelle Joel D'Souza who also may be impleaded as the respondent no.2(vi)(a). Leave to amend is granted to implead Jenelle Joel D'Souza as a party respondent to the First Appeal. Since the husband of the respondent no.2(v) is already impleaded as the respondent no.2(vi), he is not required

MCA/1050/2018 to be impleaded again.

2. The applicants have made out a case for condonation of delay in filing this Miscellaneous Civil Application. The delay is accordingly condoned. Miscellaneous Civil Application is made absolute by impleading Jenelle Joel D'Souza as the respondent no.2(vi)(a). Amendment to be carried out within one week from today. Amended copy of the First Appeal shall be served upon the respondents within two weeks from the date of carrying out of the amendment. No orders as to costs.

NUTAN D. SARDESSAI, J.

R. D. DHANUKA, J.

NH