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Bombay High CourtIA/8046/2024disposed off

Medha Ajay Gavande v. Ajay Vasudeo Gavande

2024-06-28Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8046 OF 2024 IN FAMILY COURT APPEAL NO.252 OF 2013 Mrs Medha A. Gavande .. Applicant/Appellant

Versus

by ANJALI TUSHAR ASWALE Date:

2024.07.01 17:02:30 +0530 ANJALI TUSHAR ASWALE Mr Ajay V. Gavande .. Respondent Mr.Amogh K. Karandikar, with Ms.Pooja Singh, Advocates for the Applicant.

Ms.Vrushali Kabare, Advocates for the Respondent. CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

The above Interim Application is filed to amend the Petition that is before the Family Court as well as the above Family Court Appeal. The amendment sought is to substitute "Flat No.305/B" with "Flat No.603". This amendment is necessitated because the flat in dispute has now gone in redevelopment and the new /redeveloped flat is now Flat No.603. The learned counsel for the Respondent, without prejudice to the rights and contentions of the Respondent, contended that the above

amendment can be allowed. In these circumstances, the above Interim Application is allowed in terms of prayer clause (a) which reads thus:- "a.This Hon'ble Court be pleased to amend the Petition A-2604 of 2008 and Family Court Appeal No.252 of 2013 as per Schedule annexed at Exhibit "B" hereto."

The amendment shall be carried out within a period of one week from today. Re-verification is dispensed with. At this stage, the learned counsel appearing on behalf of the Appellant submitted that inadvertently, in the amendment application, a prayer to carry out the same amendment in Interim Application No.12985 of 2023 is missed out.

The learned counsel for the Respondent fairly submitted that this being a formal amendment, the same can be allowed. In these circumstances, even in Interim Application No.12985 of 2023, the amendment allowed above, shall be carried out. Re-verification is dispensed with.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]