Bombay High Court
Vinod Sumatilal Shah vs Kantilal Maganlal Shah And Ors on 15 October, 2025
ial-31411-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (L) NO.31411 OF 2025
IN
FIRST APPEAL NO.1065 OF 1994
IN
BCCC SUIT NO.5450 OF 1979
Digitally signed
SMITA
by SMITA
RAJNIKANT
Vinod Sumatilal Shah .. Applicant.
RAJNIKANT JOSHI
JOSHI Date:
2025.10.15
17:29:36 +0530
In the matter between
Taraben Shah & Another .. Appellants.
v/s.
Kantilal Shah & Others .. Respondents.
And
Kshama Mehta & Others .. Prop. Respondents.
Adv. Jay Vyas i/b. Dhru & Co., for the Appellants.
CORAM: FIRDOSH P. POONIWALLA,J.
DATE : 15th OCTOBER, 2025.
P. C:-
1 Not on board. Mentioned. Taken on board.
2 By an Order dated 1st October, 2025 passed by this Court, the Application for amendment was allowed in terms of prayer clause (a), thereby allowing the Applicants to bring on record the legal heirs of deceased Respondent No.5 namely - Kshama Haresh Mehta and Haresh Mehta.
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ial-31411-2025.doc
3 Today, the learned Counsel for the Appellants has informed
the Court that since Kshama Haresh Mehta is already shown as Respondent No.6, the Department is not allowing the Applicants to carry out the amendment as proposed.
4 It is the case of the Appellants that Kshama Haresh Mehta has been shown as Respondent No.6 in an individual capacity and, hence, can be added as Respondent No.5-a as a legal heir of Respondent No.5.
5 In these circumstances, the Department is directed to allow the Appellants to carry out the amendment as per Schedule of amendment annexed to Ex. C to the Interim Application.
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