Dhondiba Gangaram Somawamshi v. Shri. Mohan Govind Divanji

24.292.15­cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.292/2015 IN CIVIL APPLICATION NO.1361/2014 IN SECOND APPEAL NO.1057/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Drupad S. Patil i/b. Neha Valsangkar for the Applicant Mr. J. S. Kapre with T. J. Kapre for the Respondent. CORAM : K. K. TATED, J.

DATE : OCTOBER 20, 2015 P.C.:

1.

Heard. Liberty granted to the Applicant to carry out appropriate amendment by annexing Exhibit - B to the Civil Application within a week failing which the Civil Application shall stand dismissed without further reference to the court. 2.

This Application is for carrying out appropriate amendment in prayer clause (b) of the disposed off Civil Application No.1361/2014.

3.

The learned counsel for the Respondent submits that they have no objection if Civil Application is allowed.

Basavraj G Patil 1/2

24.292.15­cas 4.

Considering the submissions made by the learned counsel for the Applicant and as the Advocate for the Respondent has no objection, I am of the opinion that the Applicant has made out a case for allowing the Civil Application.

5.

Hence, following order is passed:

a.

Civil Application is allowed in terms of prayer clauses (b) and (c) which read thus:

(b) This Hon'ble Court may be pleased to allow the Applicants to amend the prayer clause (b) of Civil Application No.1361/2014 in accordance with schedule of amendment annexed hereto Exhibit - B.

(c) The order dated 07/11/2014 may be modified accordingly.

b.

Order dated 07/11/2014 passed in Civil Application No.1361/2014 is modified as under: c.

In paragraph 5(b), second line, instead of 10/09/2012 it should be 10/09/2014. Rest of the order shall remain as it is.

JUDGE Basavraj G Patil 2/2