Allowed

Dharmibai Dattatray Patil v. Malti Murtimant Tandel

Bombay HC10 Dec 2024IA/3191/2024

Case brief

AI extract

What is this about?

The Bench allowed an interim application seeking the transposition of the original appellants as respondents in Appeal (L) No.8047 of 2023 due to internal disputes among them, permitting Appellant No.18 to continue as the sole appellant.

What did the court decide?

The application was allowed to direct the transposition of the Applicants as Respondents in the underlying Appeal (L) No.8047 of 2023 and to amend proceedings accordingly.

Dharmibai Dattatray Patil vs Malti Murtimant… — Civil Procedure and Limitation | Bombay HC (2024)

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15.IA.3191.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.3191 OF 2024 IN APPEAL (L) NO.8047 OF 2023 IN SUIT NO.4347 OF 1996

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Dharmibai Dattatray Patil & Ors. .. Applicants IN THE MATTER BETWEEN Pandurang Kamlakar Patil (Since Deceased) & Ors. ..Appellants

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Versus

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M/s. Soham Builders & Ors. .. Respondents

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Ms Sneha Panchmukh i/b. Essence Legal Services, Advocate for the Applicants.

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Mr. Vishnu Chaudhari, Advocate for Appellant No.18.

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Ms Dhawani Bookaria i/b. Purnanand and Co. , Advocate for Respondent Nos.1, 2, 70 to 73.

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Mr. Manish Upadhye, AGP for Respondent Nos.5 to 10-State.

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CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : DECEMBER 10, 2024

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P. C.

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The above Interim Application is filed seeking transposition of

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the Applicants, who are original Appellants as Respondents in the above

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Digitally AARTIGAJANANPALKAR signed byAARTIGAJANANPALKARDate:2024.12.11 18:03:19 +0530

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Page 1 of 2 December 10, 2024

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Aarti Palkar

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15.IA.3191.2024.doc

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Appeal. Originally the above Appeal was filed by multiple Appellants. There appears to be a dispute inter se amongst the Appellants and that is why a bunch of the Appellants want to be transposed as Respondents. Only Appellant No.18 desires to continue to be the sole Appellant.

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Considering the aforesaid circumstances, the above Interim Application is allowed in terms of prayer-clauses (a), (b) & (c), which read thus:-

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“a. That this Hon’ble Court be pleased to allow the Application and direct transposition of the Applicants as Respondents accordingly in the above Appeal (L) No.8047 of 2023;

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b. That this Hon’ble Court be pleased to direct the Appellant No.18 to amend the Appeal and all other ancillary proceedings in the said Appeal by deleting Applicants name as the Appellants from the Title of the Appeal and proceedings and transposing the same as Respondents;

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c. That this Hon’ble Court be pleased to direct Appellant No.18 to provide a copy of the Appeal (L) No.8047 of 2023 to the Applicants.”

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The amendment shall be carried out by Appellant No.18 within a period of four weeks from today. The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

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This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.]

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[B. P. COLABAWALLA, J.]

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Page 2 of 2 December 10, 2024

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Aarti Palkar

Dharmibai Dattatray Patil v. Malti Murtimant Tandel

Case brief

What is this about?

What did the court decide?

Dharmibai Dattatray Patil v. Malti Murtimant Tandel

Case brief

What is this about?

What did the court decide?

What the court decided

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