Bombay High Court
Jos A. Kulangara vs Aria Infra And Ors on 29 April, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
6.IA(L).13442.2022.doc
GANESH
SUBHASH
LOKHANDE
Digitally signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GANESH SUBHASH
LOKHANDE
Date: 2022.04.29 ORDINARY ORIGINAL CIVIL JURISDICTION
15:07:01 +0530
INTERIM APPLICATION (L) NO. 13442 OF 2022
IN
SUIT NO. 1047 OF 2016
Jos A. Kulanagara .. Applicant
(Org. Plaintiff)
IN THE MATTER BETWEEN
Jos A. Kulanagara .. Plaintiff
Vs.
M/s. Aria Infra & Ors. .. Defendants
AND
Ms. Fermina D/o. Linus Niclao D'souza .. Respondent
(proposed Defendant No. 2a)
Omprakash Pandey a/w Suchita Pandey & Pramila Prajapati i/b M/s.
Pandey & Co for the Applicant.
Kirit J. Hakali for Defendant No. 1.
Niyati K. Hakani Mankad for Defendant Nos. 2 to 7.
Jagdish G. Aradwad a/w Abhijit Patil for SRA
CORAM:- B. P. COLABAWALLA,J.
DATE :- APRIL 29, 2022.
P. C.:
1. The above Interim Application is filed seeking to bring on record the legal heirs of Defendant No. 2 who passed away on 6 th Utkarsh page 1 of 3
6.IA(L).13442.2022.doc February, 2022. The advocate appearing for Defendant Nos. 2 to 7 has also tendered the Death Certificate of Defendant No. 2 which taken on record and marked 'X' for identification.
2. Having heard the learned advocates appearing on behalf of Defendant No. 1 as well as Defendant Nos. 2 to 7 and after perusing Interim Application, I do not find any impediment in allowing the amendments.
3. In these circumstances, the Interim Application is allowed in terms of prayer clause (a) which read thus:
"(a) That this Hon'ble Court be pleased to allow the plaintiff to carry out amendment to Suit no. 1047 of 2016 plaint and proceedings as per the Schedule annexed to the this Interim Application;"
4. The amendment shall be carried out within a period of two weeks from today and the amended copy of the plaint shall be served on all the Defendants within a period of two weeks thereafter.
5. All the Defendants shall file their written statements, if any, to the plaint (as amended) within a period of eight weeks from the date of service of the amended plaint on the said Defendants.
Utkarsh page 2 of 3
6.IA(L).13442.2022.doc
6. The Interim Application is accordingly disposed of. There shall be no order as to costs.
7. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Utkarsh page 3 of 3