M/S. Anupam Developers v. Shri. Gangadhar Narayan Biwalkar And ORS.

1-ASIA-297-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 297 OF 2024 IN FIRST APPEAL NO. 544 OF 2014 M/s. Anupam Developers ...Applicant/ Appellant

Versus

Gangadhar Narayan Biwalkar & Ors

...Respondents

Mr. Vaibhav Bajpai, a/w Akshay Sawant, Prathmesh Mandhre & Krati Bajpai, i/b IV Merchant & Co., for the Applicant. Mr. Akshay R. Kulkarni, i/b Ashutosh M. Kulkarni, for Respondent No.3- CIDCO.

Mr. Swapnil Sangle, i/b Sneha Bhange, for Respondent Nos.1A, 1B & 1C/proposed Respondents.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : NOVEMBER 28, 2024 PC :

1.

The above Interim Application is filed to bring on record the legal heirs of the original Respondent No.1, who expired on on 12th May, 2020. The learned Advocate appearing on behalf of the proposed new Respondents, namely, Respondent Nos.1A, 1B and 1C states that the said Respondents have no objection if they are brought on record in place of the original Respondent No.1.

Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.12.03 15:03:55 +0530 ASHWINI JANARDAN VALLAKATI November 28, 2024 Ashwini Vallakati

1-ASIA-297-2024.doc 2.

In view the aforesaid, the present Interim Application is allowed in terms of prayer clause (a) which reads thus:- "This Hon'ble Tribunal be pleased to allow the present Interim Application and allow to amend the cause title in the above Appeal as per "Schedule A" annexed thereto;"

3.

The amendment shall be carried out within a period of two weeks from today and a copy of the amended Appeal shall be served on the Advocates for the newly added Respondents immediately thereafter. 4.

The Interim Application is disposed of in the aforesaid term. However, there shall be no order as to costs. 5.

Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] November 28, 2024 Ashwini Vallakati