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Bombay High CourtIA/5564/2025disposed off

Sanjeev Rajendra Pandit And 8 ORS v. Dileep Rajendra Pandit

2025-10-14Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

sr.9-ia-5564-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2025.10.15 10:32:28 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO. 5564 OF 2025 IN SUIT NO. 984 OF 2007 Sanjeev Rajendra Pandit .. Applicant

IN THE MATTER BETWEEN :

Sanjeev Rajendra Pandit & Ors.

.. Plaintiffs

Versus

Om Prakash Sharma & Ors.

.. Defendants Adv. Gauri Sutar i/b Crawford Bayley & Co., for the Applicant. Adv. Rajendra Shah a/w Adv. Karishma Maheshwari i/b. Mansukhlal Hiralal & Co. for Plaintiffs.

Adv. Hilla Boatwalla i/b Nanu Hormasjee & Co. for Defendant Nos. 3b to 3e in s/984/2007 & Defendant Nos. 1b to 1e.

CORAM: FIRDOSH P. POONIWALLA, J.

DATE: OCTOBER 14, 2025 P. C.

1.

This Interim Application has been filed to delete the name of Plaintiff No. 4 who passed away on 10th December, 2024 and Plaintiff No.9 who passed away on 13th December, 2024. The amendment also seeks to bring on record the heirs of the deceased Plaintiff No.9. The heirs of Deceased Plaintiff No. 4 are already on record. 2.

The Interim Application also seeks condonation of delay of 132 days in filing the Interim Application.

Mansi Shelke

sr.9-ia-5564-2025.doc 3.

The Defendants have no objection to this amendment being allowed.

4.

I have perused the Interim Application and there is sufficient cause for condoning the delay and allowing the amendments as sought. Accordingly, Interim Application is allowed in terms of prayers (a), (b) & (c) which reads as under :

"(a) Pass an order allowing the Applicant to carry out amendments in the present proceedings being Suit No. 984 of 2007 in terms of the Schedule at Exhibit 'A'. (b) Abatement of the Suit, if any, be set aside; (c) Delay of 132 days to file this Interim Application, be condoned;"

5.

Amendment to be carried out within a period of 4 weeks from today and amended copy of the Plaint be served on the Defendants. 6.

Stand over to 17th November, 2025.

[FIRDOSH P. POONIWALLA, J.] Mansi Shelke