Lalchand B. Jhamnani v. Brihanmumbai Municipal Corporation

25-ia-1837-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1837 OF 2024 IN FIRST APPEAL NO.1570 OF 2010 Lalchand B. Jhamnani .. Applicant/Appellant

Versus

Brihanmumbai Municipal Corporation & Ors.

.. Respondents WITH CIVIL APPLICATION NO.4012 OF 2010 IN FIRST APPEAL NO.1570 OF 2010 Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2024.11.30 17:15:19 +0530 Ms.Minal Chandnani a/w. Ms.Urusah M. I. for the Applicant/Appellant.

ASHVINI BAPPASAHEB KAKDE Ms. Vidya Vyavahare for the Respondent-BMC.

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE :

28 NOVEMBER, 2024 P. C.

1.

This Application has been filed seeking amendment of the First Appeal to bring on record the legal heirs of the deceased Respondent No.3, who passed away on 18th March 2018.

2.

It is the case of the Appellant that, by a letter dated 5th February 2024 addressed to the Advocates for the Appellant, they were informed about Ashvini Narwade

25-ia-1837-2024.doc the passing away of Respondent No.3 and of the names of his legal heirs. Thereafter they filed this Application on 7th February 2024. 3.

This Application is only seeking a formal amendment to bring legal heirs of a deceased person on record. In these circumstances, in my view, the Application is required to be allowed.

4.

Interim Application is allowed in terms of prayer (ii) and (iii). Amendment to be carried out within a period of one week from today and a copy of the amended Appeal be served on the other parties. 5.

Stand over to 9th January 2024 for hearing.

[FIRDOSH P. POONIWALLA, J.] Ashvini Narwade