Shri Badrinarayan Shankar Bhandari v. Shri Omprakash Shankarlal Bhandari And ORS.

varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 22 OF 2024 WITH INTERIM APPLICATION NO. 10108 OF 2024 WITH INTERIM APPLICATION NO. 10110 OF 2024 WITH CIVIL APPLICATION NO. 498 OF 2014 IN SECOND APPEAL No. 566 OF 2011 Shri Badrinarayan Shankar Bhandari ... Applicant/Appellant vs.

Shri Omprakash Shankarlal Bhandari and Ors ... Respondents WITH CIVIL APPLICATION NO. 893 OF 2014 IN SECOND APPEAL No. 566 OF 2011 Shri Vithaldas Shankarlal Bhandari and Ors ... Applicants/Appellants vs.

Shri Badrinarayan Shankar Bhandari and Ors ... Respondents Mr. Sandeep M. Phatak, for Applicants/Appellants Mr. Rugwed R. Kinkar i/b. Drupad S. Patil, for Respondent Nos. 7A to 7E.

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CORAM : GAURI GODSE, J.

DATED : 9th JULY 2024 ORDER:

CIVIL APPLICATION NO. 22 OF 2024 1.

This application is for bringing on record the names of heirs and legal representatives of the deceased respondent no. 6 and appellant no.10. So far as deceased respondent no.6 is concerned, the application is within time. Hence, the appellant is permitted to bring on record the names of heirs and legal representatives of deceased respondent no.6 as stated in paragraph no.3 of the application. Amendment to be carried out within three weeks. 2.

So far as a prayer for bringing on record the names of heirs and legal representatives of the deceased appellant no.10 is concerned, the heirs and legal representatives are already on record. Hence, the appellant is permitted to show appellant no.10 as deceased through legal heirs i.e. appellant nos. 1, 9 and 11. Amendment to be carried out within three weeks from today. 3.

Interim Application stands allowed in above terms. INTERIM APPLICATION NO. 10108 OF 2024 4.

Issue notice to respondent nos. 9A and 9B, returnable on 8th Page no. 2 of 3

October 2024. In addition to Court notice, applicant to serve the remaining respondents by private notice and file affidavit of service before the next date.

INTERIM APPLICATION NO. 10110 OF 2024 5.

This application for bringing on record names of heirs and legal representatives of deceased respondent no. 10. 6.

Learned counsel for the applicant submits that the application is within time. Hence, application is allowed in terms of prayer clause (a). Amendment to be carried out within three weeks. After amendment is carried out office is directed to issue notice of the Second Appeal to the added respondents.

(GAURI GODSE, J.) Page no. 3 of 3