Ravindra Ramesh Dhumal And ANR v. Harkubai Narayan Patil (Since Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JITENDRA SHANKAR NIJASURE INTERIM APPLICATION NO.1537 OF 2025 JITENDRA SHANKAR NIJASURE Date: 2025.04.23 18:01:30 +0530 IN SUIT NO.2508 OF 2012 Ravindra Ramesh Dhumal and Anr ...Applicants In the matter between 1A. Ashok Narayan Patil and Ors.

...Plaintiffs

Versus

Shubhjivan Builders Pvt. Ltd. and Ors.

...Defendants ---------- Mr. Piyush Shah with Mr. Dishang Shah for the Applicants. Mr. Sachin Mhatre, (on V.C.), with Sharmili Mhatre i/b. Mhatre Law Associates for the Plaintiff No.19.

Mr. Naushad Engineer, Senior Advocate, Mr. Amanjyot Anand, Mr. Vasim Shaikh and Mr. Kalpesh Mehta i/b. Pravin Mehta and Mithi Co. for Defendant Nos.1 to 3.

Mr. Himanshu Takke, AGP for State of Maharashtra - Respondent Nos.42 to 44.

---------- CORAM : R.I. CHAGLA J.

DATE : 23RD APRIL, 2025.

ORDER :

1.

By this Interim Application, the Applicants have sought permission to amend the Plaint and the Notices of Motion filed therein in accordance with the schedule annexed to the Interim 1/3

Application. Further, relief is sought for condonation of delay, if any, in filing the Interim Application.

2.

The Applicant has stated that the Original Plaintiff No.12 expired on 22nd October, 2020 leaving behind her Plaintiff No.15 as her only legal heir and representative as per law by which she was governed at the time of her death. The Applicant has further stated that the Plaintiff No.13 expired on 2nd November, 2023 leaving behind her the Applicants as her only heir and legal representative as per the law by which she was governed at the time of her death. 3.

Accordingly, the present Interim Application has been taken out for amendment by deletion of original Plaintiff Nos.12 and 13and adding the legal heirs of the Plaintiff No.13 as Plaintiff Nos.13a and 13b in place and stead of Original Plaintiff No.13. The Original Plaintiff No.12 as aforementioned is survived by her legal heir and representative, Plaintiff No.15 who is already on record. 4.

Considering the averments in the Interim Application as well as the relief sought for, a case is made out for grant of relief sought for in the Interim Application.

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5.

In view thereof, the Applicants who are legal heirs and representatives of Original Plaintiff No.13 are permitted to amend the Plaint and the Notices of Motion filed therein in terms of schedule annexed to the Interim Application.

6.

Amendments shall be carried out forthwith. Reverification is dispensed with. 7.

Interim Application is accordingly disposed of. There shall be no order as to costs.

[ R.I. CHAGLA J. ] 3/3