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Bombay High CourtMCA/732/2018allowed

Madhav Atmaram Sahakari And 7 ORS., v. Pandurang X. Tilve (Dec) Thr. His Lrs. And 6 ORS.,

2018-09-05Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 732 OF 2018 IN WRIT PETITION NO. 647 OF 2017 MADHAV ATMARAM SAHAKARI AND 7 ORS., ... Applicants

Versus

PANDURANG X. TILVE (DEC) THR. HIS LRS. AND 6 ORS., ... Respondents Shri Ryan Da Piedade Menezes, Advocate for the applicants. Ms. Vinita Palyekar, Advocate for the respondent nos.1(b)(i)-1(b)(iii), 1(b)(v)-1(d), 1(d)-a(i)-1(e), 1(f)-1(h), 1(h)(b), 1(h)(c), 1(i)(a)-1(m), 1(n)-1, 1(o)-1(q). Coram:- C. V. BHADANG, J.

Date:- 5th September 2018 P.C.

By order dated 18/07/2018, the petitioner was inter alia permitted to delete the heirs of the respondent no.5 and respondent no.7 from the array of the respondents. The petitioner has carried out the deletion in so far as the heirs of respondent no.5 are concerned. However, it is now contended that the petitioner intends to transpose the respondent no.7 as the petitioner no.9. The petitioner is seeking a partial modification of the order dated 18/07/2018.

2. The learned Counsel for the respondent nos.1(b)(i)-1(b)(iii), 1(b)(v)-1(d), 1(d)-a(i)-1(e), 1(f)-1(h), 1(h)(b), 1(h)(c), 1(i)(a) -1(m), 1(n)-1, 1(o)-1(q), has no objection.

MCA/732/2018

3. Considering this, the application is allowed. The order dated 18/07/2018 is partly modified, permitting the petitioners to transpose the respondent no.7 as the petitioner no.9. Necessary correction to be carried out forthwith.

C. V. BHADANG, J.

SMA