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Bombay High CourtIA/30079/2022disposed off

Sudam Ganpatrao Pisal (Since Decd.Thr.Lrs) Babasaheb Sudamrao Pisal And ORS v. Smt. Dhondubai Baburao Shirke (Decd.Thr.Lrs) Anandrao Baburao Shirke And ORS

2023-01-07Hon'Ble Shri Justice Madhav J. Jamdar2 pages

901-ia-30079-2022.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.02.01 17:18:37 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL INTERIM APPLICATION NO.30079 OF 2022 IN SECOND APPEAL NO.418 OF 1991 Sudamrao Ganpatrao Pisal (deceased) through legal heirs Babasaheb Sudamrao Pisal & Ors.

...Applicants

Versus

Dhondubai Baburao Shirke deceased through legal heirs Anandrao Baburao Shirke & Ors.

...Respondents

Mr. Rushikesh Patil, for the Applicants.

Mr.Swapnil Telang, i/b. Mr. Umesh Mankapure, for the Respondents. CORAM : MADHAV J. JAMDAR, J.

DATED : 1st FEBRUARY 2023 P.C. :

1.

The Interim Application No.30079 of 2022 is disposed of by order dated 7th January 2023 and the same is allowed in terms of prayer clauses (a) and (b).

2.

However, learned counsel appearing for the Applicants has moved the matter again, as there is some typographical errors in the prayer clauses (a) and (b) and also in the causetitle of the Interim Application. 1/2

901-ia-30079-2022.doc Sonali 3.

In the prayer clauses (a) and (b), instead of legal heirs of Applicant No.1F, legal heirs of Applicant No.6 is wrongly mentioned.

4.

Therefore, Mr. Rushikesh Patil, learned counsel appearing for the Applicants seeks leave to amend the cause-title of the Interim Application as well as prayer clauses (a) and (b). 5.

Learned counsel appearing for the Respondents has no objection for the same.

6.

Leave to amend the cause-title and prayer clauses (a) and (b) of the Interim Application is granted.

7.

Amendment be carried out forthwith.

8.

Interim Application No.30079 of 2022 is allowed in terms of amended prayer clauses (a) and (b).

[MADHAV J. JAMDAR, J.] 2/2