1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3946 OF 2008 IN FIRST APPEAL NO.417 OF 2007 Shri Khodadad Khodabux Irani since deceased Mr.Shahrukh Khodadad Irani : Applicant versus Shri Rustom Beharam Kermanian (Since deceased) 1. Mrs.Khorshed Rustom Kermanian and others. : Respondents. Shri R.K.Yadav for the Applicant. Shri R.M.Vasudeo for Respondent Nos.1 to 4. Shri Adarbad Khodadad Irani – Respondent No.6 present CORAM : R.M.SAVANT, J DATED : August, 08, 2008 P.C. 1. By the above Civil Application, the Applicant prays for being permitted him to amend the grounds of the above First Appeal so as to add two grounds which are mentioned in the Scheduled annexed to the above Civil Application. 2. Shri R.M.Vasudeo, the learned counsel for Respondent 2 Nos.1 to 4 states that earlier also an application was made for amendment which was allowed and the grounds were amended and, therefore, he opposes the above Civil Application. 3. In my view, in the interest of justice, the Applicant should be allowed to amend and to add the grounds of memo of Appeal mentioned in the Scheduled annexed to the above Civil Application. The above Civil Application is, therefore, allowed in terms of prayer clause (a). The learned counsel for the Applicant to carry out the amendment in the memo of Appeal within three weeks from date and also carry out amendment in the Appeal memo served on the other side and/or to serve a fresh memo of Appeal on the other side within one weeks thereafter. The Applicant to pay costs of Rs.1,000/- to Respondent Nos.1 to 4 within three weeks from date. In case the costs are not paid, the benefit of this order will not enure to the Applicant. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]