Akhtarbhai Abdullabhai Since ... vs Mohammed Hussain Abdullabhai ...
2021 Latest Caselaw 11255 Bom

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION


                                      INTERIM APPLICATION NO.1667 OF 2021
                                                       IN
                                    EXECUTION APPLICATION (L) NO.2329 OF 2018


                Akhtarbhai Abdullabhai
                Since deceased through LRs                       .. Applicants(decree holders)
                In the matter between
                Mohammed Hussain Abdullabhai
                Since deceased through LRs                       .. Respondent/Judgment
                                                                       Debtor/Org. Claimants
                         v/s.
                Taherbhai Abdullabhai & Ors.                 .. Defendants/Judgment Debtors



                Ms. Shruti Bhavsar for the applicants.

                Mr. Shivam Bhagwati i/b. Yatin Shah for the Org.claimant no.1(a).


                                                         CORAM : A. K. MENON, J.

DATED : 18TH AUGUST, 2021.

P.C. :

1. This application seeks amendment to the Execution Application in

terms of the Schedule. She states that respondent no.2 and 4(a)

have expired and she seeks leave to bring on record the heirs of

late respondent no.2 and 4(a) and to carry out consequential Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.08.20 14:19:49 +0530

21.ia-1667-21.doc wadhwa amendments as set out in the schedule to the application.

2. On behalf of applicant no.1(a)/original respondent no.4(a) the

learned counsel has no objection. On behalf of the applicant, it is

contended that all the respondents have been served including the

legal heirs. She undertakes to file an affidavit of service within

one week from today.

3. Subject to affidavit of service being filed, amendment is allowed in

terms of prayer clause (a). However, amendment shall be carried

out within one week of filing affidavit of service.

4. IA is disposed in the above terms.

(A. K. MENON, J.)

21.ia-1667-21.doc wadhwa