IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 114 OF 2019 IN AWARD DATED 20TH APRIL 2005 Bhagwandas Karamshibhai Thakkar/Sejpal & anr. ..Applicants Versus Rajendra Devidas Shah & ors. ..Respondents WITH NOTICE NO. 101 OF 2025 WITH CHAMBER SUMMONS NO. 987 OF 2019 IN EXECUTION APPLICATION NO. 114 OF 2019 WITH EXECUTION APPLICATION NO. 761 OF 2025 IN AWARD DATED 8TH APRIL, 2009 Ms. Dipti Bhuta a/w. Mr. Shabbir Jariwala i/b. Jariwala Associates, Applicants in both Execution Application Nos. 114 of 2019 and 761 of

2025 Counsel Mohit Khanna a/w. Ms. Bijal Gandhi i/b. D M Legal Associates, Advocates, for the Respondents CORAM : RAJESH S. PATIL, J.

DATE : 20.11.2025 P. C.

1. Ms. Bhuta, learned Counsel appears for the Plaintiff – Decree Holder in Execution Application No. 114 of 2019 and submits that Defendant No. 1 has died on 09.04.2025 and legal heirs of the deceased Defendant No. 1 are already on record as Defendant Nos. 2, 3 & 4. Therefore, she is seeking to delete name of Defendant No. 1 from the Execution Application No. 114 of 2019 and Chamber Summons No.987 of 2019. She has also tendered a draft amendment. The draft amendment is taken on record and marked as “X” for the purpose of identification. Amendment is allowed to the Chamber Summons and the Execution Application as per the draft amendment submitted by the Original Plaintiff. Amendment be carried out within one week from today. Re-verification is dispensed with.

2. Ms. Bhuta, learned Counsel for the Plaintiff further submits that as per the directions given by this Court vide Order dated 09.09.2025, the Applicant has taken steps for issuance of notice under the provisions of the Order XXI Rule 22 and Rule 52 of the Code of Civil Procedure, 1908. She submits that service will be effected on the Defendants within a period of two weeks from today.

3. Stand over to 04.12.2025.

EXECUTION APPLICATION NO.761 OF 2025

1. On the request being made by Mr. Khanna, learned Counsel, one week’s time is granted to the Respondent – Claimant to file additional Affidavit and serve a copy of the same on the learned Counsel for the Applicant.

2. Stand over to 04.12.2025.

(RAJESH S. PATIL, J.)