Pantnagar Shri Ram Co-Operative v. Dev Reality Corporations And Sudha Bhupendra Kapasi And 3 ORS Prop Resp.

9-S-112-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.112 OF 2022 Pantnagar Shri Ram Co-operative Housing Society Limited ...Plaintiff V/s.

Dev Realty Corporation and Ors ...Defendants WITH INTERIM APPLICATION NO.2477 OF 2024 IN SUIT NO.112 OF 2022 WITH INTERIM APPLICATION NO.1798 OF 2022 IN SUIT NO.112 OF 2022 Mr. Ashish Ghadge i/b Tamhane & Co. for Plaintiff. Mr.Mani Thevar i/b Ganesh & Co. for Defendant No.3 & Respondents No. 4(a) to 4(d).

Mr. Jitendra Mishra with Mr. Rupesh Dubey and Mr. Ashutosh Mishra for Defendants No. 6 to 8 and 10 to 26.

CORAM

:

ABHAY AHUJA, J.

DATE :

2nd SEPTEMBER, 2024 P.C. :

Interim Application No. 2477 of 2024 1.

This Interim Application seeks to bring on record the legal heirs Digitally signed by NIKITA YOGESH GADGIL Date:

2024.09.02 18:27:16 +0530 NIKITA YOGESH GADGIL of deceased Defendant No.4.

2.

Mr. Thevar, learned Counsel appears for Defendant No.3 and submits that he has instructions to appear for legal heirs of deceased Defendant No.4 and that the application be allowed. Nikita Gadgil 1/2

9-S-112-2022.doc 3.

Mr. Mishra, learned Counsel appears for Defendants No. 6 to 8 and 10 to 26 also has no objection if the application is allowed. 4.

Having heard the learned Counsel and having considered their submissions, Application is allowed in terms of prayer Clause (b), which reads thus:- "b) this Hon'ble Court may be pleased to allow the Plaintiffs to carryout amendment in the title of the Suit as per the "Schedule-A" annexed hereto and consequential amendments be allowed."

5.

Let the amendments be carried out within a period of two weeks and an amended copy of the plaint be served on the others within a period of two weeks thereafter and an appropriate affidavit of service be filed. List on 24th October, 2024.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2