Mrs.Kirti Raj Sawant And Anr vs Smt. Hemlata B. Sawant (Deceased) ...
2022 Latest Caselaw 13266 Bom

                                                     32.IA.20496.22 in FAST.15324.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 20496 OF 2022
                                       IN
                      FIRST APPEAL (ST.) NO. 15324 OF 2022


Kirti Raj Sawant & Anr.                     ...     Applicants/
                                                  Appellants
           Versus

Hemlata B. Sawant (since
deceased) through LRs & Ors.                ...     Respondents



Ms. Usha Tiwari a/w Manshi Jain for the Applicants/Appellants.
Ms. Jacinta D'Silva i/b J.M. D'Silva for the Respondents.


                                 CORAM :     R.I. CHAGLA, J.
                                 DATED :    20th DECEMBER, 2022.
ORDER :

1 By this Interim Application the Applicant is seeking

permission to amend the First Appeal and the proceedings as per the

schedule annexed to the Interim Application for bringing the legal heirs of

the deceased Respondent No.1 on record and to correct the name of

Respondent No.2.

2 The Applicant states that the Respondent No.1 expired on

06.10.2022 leaving behind the Applicant No.2 and Respondent Nos.2 and

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32.IA.20496.22 in FAST.15324.22.doc

3 as her only surviving legal heirs and Representatives as per the Hindu

Succession Act, 1956. Applicant No.2 is the grandson of the Original

Respondent No.1 and Respondent Nos.2 and 3 are the sons of Original

Respondent No.1. Respondent No.2 is Defendant No.2 in the above Suit.

Due to typographical error the name of Respondent No.2 i.e. Vilas B.

Sawant, in the cause title of the above Suit was typed as Vishal B. Sawant

and which error was carried in the judgment and decree dated

30.04.2022 which is impugned in the First Appeal. This typographical

error came to notice of the Applicants as stated by them only on

06.10.2022 during the perusing of the Consent Terms dated 04.10.2022

filed in the First Appeal. On the Applicant's application, the City Civil

Court, Mumbai had passed order dated 10.10.2022 which is borne out by

the Roznama wherein the name of the Respondent No.2 is to be read as

Vilas B. Sawant in place of Vishal B. Sawant in cause title of the plaint,

judgment and decree. Accordingly, the present Interim Application has

been filed for carrying out necessary amendment as per schedule to the

Interim Application.

3 There is no objection to the relief sought for in the Interim

Application being granted. Hence, the following order is passed :

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32.IA.20496.22 in FAST.15324.22.doc

i) The Applicants are permitted to carry out amendment in

the First Appeal and the proceedings in accordance with

schedule annexed to the Interim Application for bringing the

legal heirs of the deceased Respondent No.1 on record and

correcting the name of Respondent No.2.

ii) The amendment shall be carried out forthwith.

iii) Re-verification is dispensed with.

iv) Interim Application is accordingly disposed of.

Digitally signed by

(R.I. CHAGLA, J.) WAISHALI WAISHALI SUSHIL SUSHIL WAGHMARE WAGHMARE Date:

2022.12.22 17:44:04 +0530

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