Smt. Kamrunissa Gulam Sabir And ORS. v. Smt. Aminabai Gulam Hussain And ORS.

7 caf758-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.758 OF 2016 IN FIRST APPEAL NO.86 OF 2000 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.V.Sawant for the applicant Mr.C.G.Gavanekar i/b Mr.Pratap Singh for the respondent nos.1 to 4 CORAM : K. K. TATED, J.

DATE : MARCH 04, 2016 P.C.:

Heard the learned counsel for the applicant.

This Civil Application is for bringing legal heirs on record of deceased appellant no.11, Abdul Raoof Ismail Tajuddin who died on 26.6.2015. There is a delay of one 112 days in preferring the present Civil Application.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

Mohite 1/2

7 caf758-16 a) Delay in preferring Civil Application is condoned.

b) Abatement is set aside.

c) Applicant is permitted to bring legal heirs on record of deceased appellant no.11, Abdul Raoof Ismail Tajuddin in First Appeal No.86 of 2000 and pending Civil Application if any, within 6 weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

d) If amendment is carried out within stipulated time as stated hereinabove, applicant is permitted to serve amended copy of First Appeal memo on respondent or their Advocate thereafter immediately.

e) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2