Allowed

Radhakishan R. Dayama (Since Deceased) Thr. Lrs. v. Vrajlal Kewaldas (Deceased) and Ord.

Bombay HC2 May 2019CAC/202/2019

Case brief

AI extract

What is this about?

Petitioners sought permission to implead the transferees of the suit property (landlords) in lieu of the original landlords who sold the property during pendency of the Civil Revision Application. The Named Bench allowed the application and directed consequential amendment to delete the original parties.

What did the court decide?

Permission granted to implead M/s. Shank Creations LLP in place of Respondents 4(a) to 4(e); consequential amendment to delete Respondents 5, 6, and 6(a).

Radhakishan R. Dayama (Since Deceased) Thr… — Civil Procedure and Limitation | Bombay HC (2019)

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CAC202_19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.202 OF 2019 IN

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CIVIL REVISION APPLICATION NO.359 OF 2018

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Radhakishan R. Dayama (since deceased) through legal heirs Girdhari R. Dayama and another … Vs.

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Applicants

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Vrajlal Kewaldas (decd) and others … Respondents

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Mr. P. J. Thorat for Applicants. Mr. Hemant Ingle for Respondent No.4. Mr. Vilas Jadhav for Respondent No.7.

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CORAM : R. G. KETKAR, J. DATE : MAY 2, 2019

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P.C. :

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Not on Board. At the request of Mr. Thorat, taken up in the production Board.

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Heard Mr. Thorat, learned Counsel for the applicants, Mr. Ingle, learned Counsel for the respondent No.4 and Mr. Jadhav, learned Counsel for the respondent No.7.

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By this Application, applicants have prayed for permission to implead M/s. Shank Creations LLP in place of respondents No.4(a) to 4(e) in the cause title of C.R.A. The applicants have further sought deletion of respondents No.5, 6 and 6(a) from the cause title of C.R.A. by carrying out consequential amendment. In paragraph 2, applicants have stated that respondents No.1 to 4 were the landlords and owners of the building known as Bhawan Bhawan, 103, Tamba Kanta, Mumbai 400 003. During the pendency of C.R.A., respondents No.1 to 4 have sold and transferred the suit property i.e. all the piece and parcel of land admeasuring about 270.07 sq.mtrs. Bearing Cadastral Survey No.1600

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CAC202_19.doc

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in Bhuleshwar Division in Street Nos.103, 105 and 107 in 'C' Ward No.786 in Mumbadevi Road, bearing Laughton Survey No.1369 within the limits of Municipal Corporation of Greater Mumbai along with a tenanted structure / building known as “Bhagwan Bhuvan” standing thereon and comprising of ground plus 6 upper floors to M/s. Shank Creations LLP on 20.07.2018. Mr. Ingle and Mr. Jadhav have no objection.

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In view thereof, Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Amendment shall be carried out forthwith. Order accordingly.

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(R. G. KETKAR, J.)

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Minal Parab

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Radhakishan R. Dayama (Since Deceased) Thr. Lrs. v. Vrajlal Kewaldas (Deceased) and Ord.

Case brief

What is this about?

What did the court decide?

Radhakishan R. Dayama (Since Deceased) Thr. Lrs. v. Vrajlal Kewaldas (Deceased) and Ord.

Case brief

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What did the court decide?

What the court decided

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Radhakishan R. Dayama (Since Deceased) Thr. Lrs. Vs Vrajlal Kewaldas (Deceased) and Ord.