Ramaswamy Sitanbaram Mudaliyar ... vs Purshottam Sukhdev Kesarwani ...
2023 Latest Caselaw 4981 Bom

2023:BHC-AS:14677


                                                            15-CAW-642-2018-CAW-644-2018.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CIVIL APPELLATE JURISDICTION

                                       CIVIL APPLICATION NO.642 OF 2018
                                                      IN
                                        WRIT PETITION NO.4709 OF 2004

                    RAMASWAMY SITANBARAM MUDALIYAR        )
                    (since deceased) LAXMI Wd/o.RAMASWAMY )
                    MUDALIYAR AND OTHERS                  )...APPLICANTS

                          V/s.

                    PURSHOTTAM SUKHDEV KESARWANI                        )
                    (deceased) THROUGH LEGAL HEIRS                      )
                    SMT. RAJADEVI PURSHOTTAM KESARWANI                  )
                    AND OTHERS                                          )...RESPONDENTS

                                                     WITH

                                       CIVIL APPLICATION NO.644 OF 2018
                                                      IN
                                        WRIT PETITION NO.4709 OF 2004

                    PURSHOTTAM SUKHDEV KESARWANI                        )
                    (deceased) THROUGH LEGAL HEIRS                      )
                    SMT. RAJADEVI PURSHOTTAM KESARWANI                  )
                    AND OTHERS                                          )...APPLICANTS

                          V/s.

                    RAMASWAMY SITANBARAM MUDALIYAR        )
                    (since deceased) LAXMI Wd/o.RAMASWAMY )
                    MUDALIYAR AND OTHERS                  )...RESPONDENTS

                    Mr.Amit Sharma a/w. Mr.Nikhil Sonar i/b. Mr.Pankaj Thatte,
                    Advocate for the Petitioners.

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                                             15-CAW-642-2018-CAW-644-2018.doc


 Mr.A.P.Mhatre, Advocate for the Respondents.


                               CORAM    :      ABHAY AHUJA, J.

                               DATE     :      5th JUNE 2023

 P.C. :



                       CIVIL APPLICATION NO.642 OF 2018

1. By this application, the name of Petitioner no.1 is sought to

be deleted on the ground that Petitioner no.1 has expired.

2. Mr.A.P.Mhatre, learned Counsel for Respondent has no

particular objection if the application is allowed.

3. Having heard the learned counsel and having perused the

application, the application stands allowed in terms of Prayer

Clause (b). Let the name of Petitioner no.1 be deleted by the next

date and an amended copy of the Petition be served on the

Respondent by the next date. The application stands disposed of

accordingly.

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15-CAW-642-2018-CAW-644-2018.doc

CIVIL APPLICATION NO.644 OF 2018

1. By this application, Respondents are seeking an early

hearing of Writ Petition. Learned counsel draws the attention of

this Court to paragraphs 7, 8 and 9 and submits that

Respondents, who are heirs, are in dire need of the premises and

therefore the request for early hearing.

2. Mr.Amit Sharma, learned counsel for Petitioner, has no

objection if the matter is heard expeditiously. Accordingly, at their

joint request, list the matter for final disposal on 27th June 2023 at

2.30 p.m.

3. Parties are requested to circulate in advance brief

propositions along with supporting judgments, if any.

                                             (ABHAY AHUJA, J.)




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