Abhay Kantilal Shah And ORS. v. Chandrakant Bhagchand Sanghavi And ORS.

5. IA 11460-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11460 OF 2024 WITH INTERIM APPLICATION NO. 17424 OF 2022 WITH INTERIM APPLICATION NO. 17425 OF 2022 IN FIRST APPEAL NO. 2579 OF 1983 Abhay Kantilal Shah & ors.

.Applicants

IN THE MATTER BETWEEN

Chandrakant Bhagchand Sanghavi & ors.

.Appellants

Versus

Manilal Maganlal Shah & ors.

.Respondents ______________________________________________________ Mr. R. V. Govilkar, Senior Advocate a/w. Ms. Shaba Khan, for the Applicants Mr. R. D. Soni i/b. M/s. Ram & Co., Advocate, for the Respondents in I. A. Nos. 11460 of 2024, 17424 and 17425 of 20222 and for the Appellants in F. A. No. 2579 of 1983 ______________________________________________________ CORAM : S. M. MODAK, J.

DATE : 21.11.2024 P. C.

1.

Heard Mr. Govilkar, learned Senior Counsel for the Applicants and Mr. Soni, learned Counsel for the Anand

5. IA 11460-2024.doc Respondents/Appellants.

2.

Respondent No. 1 has expired. The Applicants came to know this fact on the basis of the information given by his learned advocate. There was a request to give the details of his legal heirs but learned Counsel for the Respondents is not having this information. That is why the present Application is preferred for serving legal heirs of the Respondent No. 1.

3.

My attention is invited to the Rule 7 of Chapter VII of the Bombay High Court (Appellate Side) Rules, 1960 and the provisions of O. V, Rule 20 of the Code of Civil Procedure, 1908. In addition to the Court publication, notice can be pasted on the address of the deceased Respondent No. 1 also. Hence, the Application is allowed in terms of prayer clause (a). Notice also be pasted on the address of the deceased Respondent No. 1. 4.

The Interim Application No. 11460 of 2024 stands disposed of.

5.

Stand over to 02.01.2025.

(S. M. MODAK, J.) Anand