Samir Suryakant Patel v. Municipal Corporation Of Gr. Bombay

125 Ia-278-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 278 OF 2024 IN FIRST APPEAL NO. 1177 OF 2001 Samir Suryakant Patel ...Applicant

IN THE MATTER BETWEEN :

...Appellant Bharati Suryakant Patel

Versus

Municipal Corporation of Greater Bombay

...Respondent

------ Ms. Kashvi Ail i/b Mr. Rajesh Kachare for Applicant. Ms. Vidya Vyavhare for Respondent-Corporation. ------ Coram : Sharmila U. Deshmukh, J.

Date : 21st April, 2025.

P. C. :

1.

Interim Application has been preferred seeking leave to amend the cause-title of the First Appeal to add the name of the present Applicants as co-Appellants.

2.

Learned counsel appearing for the Applicant submits that during the pendency of proceedings, the subject-property was gifted by the original plaintiff-Appellant to the present Applicants and she tenders the Affidavit in support of Interim Application where the deponent, i.e. Appellant has affirmed the said position.

Sairaj 1 of

125 Ia-278-2024.doc 3.

Perusal of the Interim Application would indicate that the Registered Gift Deed has been executed on 14th June, 2018 by original Plaintiff in favor of her sons who are the present Applicants. In addition, the Appellant-original plaintiff has filed Affidavit affirming the said position.

4.

In light of above, as the present Applicants had acquired the interest in the subject property, the Applicants are permitted to be impleaded as co-appellants along with the original Appellant. 5.

Interim Application is allowed.

6.

Amendment to be carried out within a period of four weeks from today.

[Sharmila U. Deshmukh, J.] Sairaj 2 of