An interim application was filed to bring legal representatives of the deceased sole appellant on record in an appeal. The application was allowed after condoning delay.
Application allowed and made absolute; consequential amendments to be carried out within two weeks.
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.
10-AO-68-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1725 OF 2022 IN
APPEAL FROM ORDER NO.68 OF 2021 WITH CONNECTED APPLICATIONS
Savitriben G. Sanghvi and Ors. ...Applicants
IN THE MATTER BETWEEN Ganeshmal C. Sanghvi ….Appellant Vs Municipal Corporation of Gr. Mumbai and Ors. ...Respondents
Mr. R. Shah i/by Mr. Arshil Shah for the Applicants. Mr. R.Y.Sirsikar for MCGM.
CORAM : SANDEEP K. SHINDE J. DATE : MARCH 24, 2022.
P.C. :
Pending appeal, the sole appellant passed away on 29 th
November, 2021. This application is moved to bring the legal representatives of the deceased appellant on record, since right to sue survives. Heard learned counsel for the applicants. ‘Sufficient Cause’ has been shown to condone the delay caused in preferring the application. Application is allowed and made absolute in terms of Shivgan 1/2
10-AO-68-2021.odt
prayer clauses (a) and (b). Consequential amendments shall be carried out within two weeks from today. Respondents shall be served with
the amended copy of the appeal memo within two weeks thereafter.
2 Application is allowed and disposed of accordingly.
(SANDEEP K. SHINDE, J.)
Shivgan 2/2
1 issue framed by the court
Whether the application seeking substitution of parties due to death of appellant is maintainable.
Savitriben G. Sanghvi
Ganeshmal C. Sanghvi
Municipal Corporation of Gr. Mumbai
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
