Appeal against ex-parte order deleting the deceased party's name, allowing legal heirs to apply for modification with liberty to open rights and contentions.
Liberty granted to apply for modification/reliefs; rights and contentions kept open.
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4.app.277.2019.doc
Rajeshri Aher
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 277 OF 2019
IN
TRUST PETITION NO. 1 OF 2001
WITH
NOTICE OF MOTION NO. 3 OF 2023
IN
APPEAL NO. 277 OF 2019
Niranjani Narottamdas Merchant
(Deceased) Thr. Lrs. Poonam Ranjit
Kapadia …Appellant
Versus
Ravindra Narottamdas Merchant (Deceased
Thr. Lrs.) and Anr.…Respondents
Mr. R.S. Apte, Senior Advocate a/w Mr. Samir Vaidya, Advocates for
Appellant.
None for Respondents.
CORAM:K. R. SHRIRAM &
RAJESH S. PATIL, JJ.
DATED: 24th March 2023
P.C.:
RAJESHRI PRAKASH AHER
Digitally signed by RAJESHRI PRAKASH AHER Date: 2023.03.27 11:35:21 +0530
1The impugned order is dated 28th November 2018, by
which the Court has directed the name of Respondent No.1, Niranjani
Narottamdas Merchant, who had expired, be deleted. The Court has
also passed order with the consent of Petitioner in the Petition, who was
original Respondent No.1 in the Appeal, and now represented by three
legal heirs, and Respondent No.2. Mr. Apte states that the rights of legal
heirs (daughters) of Niranjani Narottamdas Merchant has not been
1
4.app.277.2019.doc
considered by the Court while passing the order dated 28th November
2018. Of- course, there is nothing in the order to indicate that the
counsel for Niranjani Narottamdas Merchant had brought to the
attention of the court that the legal heirs (daughters) of the said
Niranjani Narottamdas Merchant also may have some right or interest.
2Learned single judge perhaps was conscious of this, and
hence, included paragraph 12 in the impugned order dated 28th
November 2018, which reads as under :
“12. Liberty to the parties to apply should there be any
difficulty”.
3Mr. Apte states that the legal heirs (the daughters, who are
represented by Mr. Apte) of Niranjani Narottamdas Merchant would
apply to the learned single judge for modification/necessary reliefs.
4 Appeal accordingly disposed with liberty, as prayed for.5 Ad–interim application also stands disposed.6 All rights and contentions are kept open.7We clarify that we have not made any observations on the
merits of the matter.
(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)
2
Niranjani Narottamdas Merchant
Ravindra Narottamdas Merchant
K. R. SHRIRAM
RAJESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court