Bench restored a dismissed petition to file due to the death of one respondent, granting leave to amend and instructing parties to implead heirs.
Petition restored to file; leave to amend granted for impleading heirs of deceased Respondent No. 1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
928-NMT185-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 185 OF 2016
IN
MISCELLANEOUS PETITION NO. 113 OF 2015
IN
TESTAMENTARY PETITION NO. 517 OF 2011
Umesh Narendrabhai Dave
Versus
Suresh Harilal Dave & 5 Others
…Petitioner
…Respondents
Mr. Digajmaan G. Mishra, i/b Brahmand Lexis, for the Petitioner.
Mr. Jatin Doshi, i/b Doshi & Co., for Respondent No. 1.
Ms. Jannat K. Yadav, for Respondent No. 2.
CORAM: G.S. PATEL, J DATED: 25th October 2016
PC:-
1.Heard. The Petition was dismissed on 11th March 2016. It is
restored to file.
2.In the meantime, the 1st Respondent has passed away. The
Petitioner will make necessary arrangements to implead the heirs of
Respondent No. 1. Leave to amend, without need of reverification.
Page 1 of 2
25th October 2016
928-NMT185-16.DOC
Amendment to be carried out on or before 25th November 2016
with no possibility of an extension.
3.Mr. Doshi who has entered appearance on behalf of
Respondent No. 1 will furnish the names and addresses of the legal
heirs of Respondent No. 1 to Mr. Mishra for the revocation
Petitioner on or before 27th October 2016.
4.If the Miscellaneous Petition is not amended by that date, it
will stands finally dismissed without further reference to the Court
and will not be restored thereafter.
5.Upon the amendments being carried and a copy being served
on all concerned, list the Miscellaneous Petition for directions on
29th November 2016.
6.The Notice of Motion is disposed of in these terms with no
order as to costs.
(G. S. PATEL, J.)
Page 2 of 2
25th October 2016
Umesh Narendrabhai Dave
Suresh Harilal Dave
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court