Bombay High Court
Dolly Ayodhyanath Kapoor Alias Harsha ... vs Bhupendranath Harichand Kapur ... on 11 February, 2020
Author: A.K. Menon
Bench: A.K. Menon
40-IA-1-19-S-3255-95.doc
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J. & T.&I.J.
INTERIM APPLICATION NO.1 OF 2019
IN
O.O.C.J. SUIT NO.3255 OF 1995
Ayodhyanath Harichand Kapoor (Since Deceased),
Through LRs.:-
Dolly Ayodhyanath Kapoor @ Harsha Deepak
Tindwani and Ors. ....Applicants
In the matter between
Ayodhyanath Harichand Kapoor (Since Deceased),
Through LRs.:-
Dolly Ayodhyanath Kapoor @ Harsha Deepak
Tindwani and Ors. ....Plaintiffs
V/s.
Bhupendranath Harichand Kapur (Since Deceased)
Asha Bhupendranath Kapur and Ors. ....Defendants
ALONG WITH
TESTAMENTARY SUIT NO.56 OF 1995
IN
TESTAMENTARY PETITION NO.494 OF 1989
Bhupindernath Harichand Kapur ....Plaintiff
V/s.
Ayodhyanath Harichand Kapur and Anr. ....Defendants
Mr. Tanna Maulik Kirti for the Applicants-Original Plaintiffs in S/3255/1995.
Mr. Kunal Phoole, i/by Mr. R.P. Parkar, for the Plaintiff in TS/56/1995.
1/2
::: Uploaded on - 14/02/2020 ::: Downloaded on - 08/06/2020 19:06:34 :::
40-IA-1-19-S-3255-95.doc
CORAM : A.K. MENON, J.
DATED : 11TH FEBRUARY, 2020.
P.C. :
1. By this IA, the applicants-plaintiffs seek amendment to the suit by deleting the name of the deceased defendant. On behalf of the proposed defendant no.1(b) - Anil Bhupendranath Kapur, the learned counsel states that he has no objection to the amendment being allowed. He confirms that proposed defendant nos.1(a) is the mother and 1(c) is the sister.
2. Accordingly, I pass the following order :-
(i) IA is made absolute in terms of prayer clauses (a) to (c).
Amendment to be carried out within two weeks from today. Re-verification is dispensed with.
(ii) Copy of the amended plaint to be served upon the newly added defendants within a period of two weeks thereafter.
(iii) IA is disposed in the above terms.
(A.K. MENON, J.) 2/2 ::: Uploaded on - 14/02/2020 ::: Downloaded on - 08/06/2020 19:06:34 :::