Chaturbhuj vs Natwarlal Since Dead

Heard on I.A.No.12 of 2021 filed in FA No. 26 of 2000 which is an application for deleting the name of respondent No. 1(C)(i) – Smt. Sandjya Savariya from the array of the cause title as she died on 29-7-2021 as her legal representatives as respondents No. 1 (C)(ii) and 1 (C ) (iii) are already on record.

On due consideration I.A.No. 12 of 2021 is allowed the appellant is directed to delete the name of respondent No. 1 (c) (I) from the array of the cause title within one week.

Also heard on application filed under Order 22 Rule 4 of CPC in FA No. 26 of 2000.

Learned counsel for the appellant would submit that during pendency of the appeal, respondent No.2 Chandrakant died on 19-10-2021 leaving behind his legal representatives ie., 2-a Mahesh Sawariya s/o. Late Chandrakant Sawariya, aged about 62 years, 2-b Mayur Sawariya s/o. Late Chandrakant Sawariya, aged about 48 years, both r/o. Village Wagholi, Lohergaon Road behind Wagheshwar temple, Wagholi, Pune (MH). He would further submit that by this application he wants to delete the name of deceased respondent No.2 Chandrakant and wants to bring on record the legal representatives of deceased respondent No.2 Chandrakant as mentioned above.

On due consideration, the application is allowed and appellant is permitted to delete the name of deceased respondent No.2 Chandrakant and bring on record his legal representatives. Necessary amendment be carried out within a week.

In FA No. 3 of 2000, heard on I.A.No. 17 of 2021 which is an application filed under Order 22 Rule 4 of CPC for substituted service.

Learned counsel for the appellant would submit that during pendency of this appeal, respondent No. 1(a) Chaturbhuj died on 7-2-2021, leaving behind his legal representatives ie., 1(a)(i) Chaya Savaria wd/o. Late Cdhaturbjuj, aged about 63 years, 1(a)(ii) Komal Gardi, d/o. Late Chaturbhuj, aged about 33 years and 1(a)(iii) Disha parab, d/o Late Chaturbhuj aged about 30 years. All are r/o. 16, Jevan Parag, Prabhat Colony, Santacruz (East) Mumbai. He would further submit that by this application he wants to bring on record the legal representatives of deceased respondent No.1 as mentioned above.

On due consideration, the application is allowed and appellant is permitted to delete the name of deceased respondent No.1 (a) and bring on record his legal representatives. Necessary amendment be carried out within a week.

Also heard on IA,No.18 of 2021 filed under Order 22 Rule 4 of CPC for substituted service.

Learned counsel for the appellant would submit that during pendency of this appeal, respondent No. 2(a) namely Savita died on 5-3-2021, leaving behind her legal representative ie., 2(a)(i) Neena Chawda w/o. Kirti Kumar Chawda, aged about 55 years, r/o. Balsam, Shalimar, Township, A.B. Road, Indore (MP). He would further submit that by this application he wants to bring on record the legal representative of deceased respondent No.2(a) as mentioned above.

On due consideration, the application is allowed and appellant is permitted to delete the name of deceased respondent No.2 (a) and bring on record her legal representative. Necessary amendment be carried out within a week.

Also heard on I.A.No. 19 of 2021, which is an application for condonation of delay in carrying out the amendment.

On due consideration I.A.No. 19 of 2021 is allowed and the appellant is directed to carry out the amendment as ordered by this court on 30-3-2017.

Also heard on I.A.No. 20 of 2021, which is an application for deleting the name of appellant No. 1 (b)(i) from array of the cause title.

Learned counsel for the appellants would submit that during penndency of this appeal, appellant No.1(b)(i) namely Sandhya Savariya died on 29-7-2021 and her legal representatives are already on record as appellant No. 1(b)(ii) and 1(b)(iii). He would further submit that he wants to delete the name of deceased appellant No.1(b)(1) from the array of the cause title.

On due consideration I.A,.No. 20 of 2021 is allowed.

Necessary amendment be carried out in the cause title within a week.

Also heard on I.A.Nol. 21 of 2021 filed under Order 22 Rule 3 of CPC.

Learned counsel for the appellant would submit that during pendency of the appeal, appellant No.2 Chandrakant died on 19-10-2021 leaving behind his legal representatives ie., 2-a Mahesh Sawariya s/o. Late Chandrakant Sawariya, aged about 62 years, 2-b Mayur Sawariya s/o. Late Chandrakant Sawariya, aged about 48 years, both r/o. Village Wagholi, Lohergaon Road behind Wagheshwar temple, Wagholi, Pune (MH). He would further submit that by this application he wants to delete the name of deceased appellant No.2 Chandrakant and wants to bring on record the legal representatives of deceased respondent No.2 Chandrakant as mentioned above.

On due consideration, the application is allowed and appellant is permitted to delete the name of deceased appellant No.2 Chandrakant and bring on record his legal representatives. Necessary amendment be carried out within a week.

List both the cases after two weeks for final hearing in motion hearing list.