Bombay High Court
Garware Club House, Mumbai vs Jagdish Maneklal Mehta ... on 21 November, 2022
Bench: R. I. Chagla
36-FA 307 of 2018 with IA 19821 of 2022 & Ors.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 307 OF 2018
WITH
INTERIM APPLICATION NO. 19821 OF 2022
IN
FIRST APPEAL NO. 307 OF 2018
WITH
CIVIL APPLICATION IN FA NO. 852 OF 2018
IN
FIRST APPEAL NO.307 OF 2018
Garware Club House ...Applicant/
Appellant
In the matter of :
Garware Club House ...Appellant/
Org. Defendant
No.1
Versus
1. Jagdish Maneklal Mehta (since deceased) ...Respondents /
2. Vatsal Jagdish Mehta Org. Plaintiffs
3. Palak Jagdish Mehta
4. Dharmesh Morarji Chemicals Ltd.
5. DMCC Sports Club
6. Mumbai Cricket Association
And
2A. Hema Jagdish Mehta ...Proposed
2B. Falguni Vatsal Mehta Respondents
1/5
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36-FA 307 of 2018 with IA 19821 of 2022 & Ors.doc
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Ms. Sonali Aggarwal i/b M/s Dhruve Liladhar & Co., Advocate
for Applicant/Original Appellant.
None for Respondents.
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CORAM : R.I. CHAGLA, J.
DATE : 21st November, 2022.
ORDER :
1. Heard the learned Advocate appearing for the
Applicant/Original Appellant. None appears for the Respondents
though they have been served by the Appellant's Advocate's
Notice dated 5th September, 2022 and on which they have
acknowledged service. The Notice dated 5 th September, 2022 is
taken on record and marked 'X' for identification.
2. By this Interim Application, the Applicant/Appellant is
seeking the deletion of the name of Respondent No.2 who has
expired on 27th February, 2022 and for bringing the legal heirs
of Respondent No.2 on record in his place and stead being
proposed Respondent Nos. 2A & 2B in the Appeal and Civil
Application No.852 of 2018. Accordingly, amendment has been
36-FA 307 of 2018 with IA 19821 of 2022 & Ors.doc
sought in terms of the Schedule annexed at Exhibit-C to the
Interim Application.
3. The Applicant has stated that the present application is
under the provision of Order XXII Rule 4 of the Code of Civil
Procedure, 1908 for bringing the legal heirs of Respondent No.2
in his place in the Appeal. The first appeal has been filed
against the Judgment and Decree dated 9 th February, 2017
passed by the Trial Court / City Civil Court.
4. The Applicant has stated that the learned Advocate for
Respondents by letter dated 6 th May, 2022 informed the
Advocate for the Appellant that Respondent No.2 has expired on
27th February, 2022 and forwarded the names of the legal heirs
of Respondent No.2. The Respondent's Advocate's letter dated 6 th
May, 2022 is annexed at Exhibit-A to the Interim Application.
The Death Certificate dated 4th April, 2022 was also forwarded to
the Advocate for the Appellant by the said letter.
5. The Applicant has stated that on 29 th July, 2022, the first
Appeal was listed before this Court. However, in view of the
36-FA 307 of 2018 with IA 19821 of 2022 & Ors.doc
death of Respondent No.1 during the pendency of the suit and
thereafter death of Respondent No.2, this Court by the order
dated 29th July, 2022 directed the Applicant to delete the name
of Respondent No.1 from the cause title of the Appeal and also
directed the Applicants to take steps for bringing the legal heirs
of the Respondent No.2 on record. Accordingly, the present
Interim Application has been taken out.
6. I have considered the averments in the application as well
as noted that the Respondent No.2 has expired on 27 th February,
2022 which was informed to the Appellant by the Respondent's
Advocate's letter dated 6th May, 2022. Thereafter, this Court has
directed the Applicants by order dated 29 th July, 2022 to take
steps for filing the present Interim Application for bringing the
legal heirs of Respondent No.2 on record. Thus, a case is been
made out for grant of the relief sought for in Interim
Application. This particularly considering that Respondent No.2A
& 2B are the legal heirs of deceased Respondent No.2 who are
required to be brought on record. Hence, following order is
36-FA 307 of 2018 with IA 19821 of 2022 & Ors.doc
passed :
i) The delay in filing the Interim Application, is
condoned.
ii) The Appellant is permitted to delete the name of
Respondent No.2 and to bring the Respondent Nos.2A &
2B, legal heirs of Respondent No.2 on record in place of
Respondent No.2 in the Appeal and Civil Application
No.852 of 2018.
iii) The amendment shall be carried out within a period
of two weeks from the date of this order.
iv) The Interim Application is accordingly disposed of.
[R.I. CHAGLA, J.]
