Bhupendra Damodar Tank v. Ramesh Damodar Tank And 6 ORS

6-ia-5022-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5022 OF 2025 IN SUIT NO.189 OF 2023 Bhupendra D. Tank ..

Applicant.

In the matter of Bhupendra D. Tank ..

Plaintiff.

v/s.

Ramesh D. Tank & Others ..

Defendants.

And Shobhna R. Tank & Others ..

Proposed Defendant Nos.2 (a) to 2(d).

by SMITA RAJNIKANT JOSHI Date:

2025.11.04 10:24:41 +0530 SMITA RAJNIKANT JOSHI Adv. Satyavan N. Vaishnav with Adv. Nupur J. Mukherjee i/b. M/s. N. N. Vaishnawa & Co., for the Applicant/ Plaintiff. Adv. Minal Shah i/b. Adv. Nilesh Gala, for Defendant Nos.2 & 3. CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 3rd NOVEMBER, 2025.

P. C:- Not on board. Mentioned. Taken on board.

This Interim Application has been filed seeking amendment of the Plaint to bring the legal heirs of deceased Defendant No.1 on record. Defendant No.1 passed away on 28th July, 2025. For the reasons stated in the Interim Application, I am S.R.JOSHI

6-ia-5022-2025.doc inclined to allow the amendment.

Accordingly, the Interim Application is allowed in terms of prayer clauses (a), (b) and (c), which read as under:- "(a) That the Plaintiff be allowed to amend the Plaint and proceedings as per Schedule annexed hereto;

(b) Re-verification be dispensed with;

(c) Consequential amendment be permitted."

Plaintiff to carry out the amendment within a period of one week from today and serve a copy of the amended Plaint on the other parties.

The Interim Application is disposed of.

In the facts and circumstances of the case, there shall be no order as to costs.

(FIRDOSH P. POONIWALLA,J.) S.R.JOSHI