Mr. Abdul Gavas And ANR v. Mrs. Sabrunissa Abdul Razak Shaikh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.27 OF 2019 IN CIVIL REVISION APPLICATION NO.800 OF 2011 [Abdul Gavas & Anr. Vs. Sabrunissa A.R. Shaikh] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Ajay B. Rai, Advocate for Applicants.

Mr. Rahul Singh, Advocate for Respondent No.1. CORAM : R. G. KETKAR, J.

DATE : 04/02/2019 P.C.:

1.

Not on board. At the request of Mr.Rai taken up in the production board.

2.

Heard Mr.Ajay B. Rai, learned Counsel for the applicants and Mr.Rahul Singh, learned Counsel for respondent No.1, at length.

3.

This is an application for condoning the delay of 79 days in filing the application for bringing legal representatives of the respondent Smt. Sabrunissa Abdul Razak Shaikh, since deceased, on record. Smt.Sabrunissa Abdul Razak Shaikh died on 6.8.2018, leaving behind (a) Mohammad Faruk Abdul Razak Shaikh, (b) Mohammad Ayub Abdul Razak Shaikh and (c) Mohammad Khaleel Abdul Razak Shaikh as her heirs and legal representatives.

4.

For the reasons stated in the application and also after perusing the communication dated 22.12.2018 addressed by Mr.Rahul R. Singh to Mr. Ajay B. Rai, I am satisfied that the applicants have made out a sufficient cause for condoning the

2/2 503.cac.27-19.doc delay of 79 days. Hence, Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Amendment in the main C.R.A. shall be carried out within 14 days from today. Order accordingly.

C.R.A. No.800/2011 1.

In view of the order dated 7.6.2017 office is directed to list the matter for final hearing chronologically under the caption of 'Senior Citizens'.

(R. G. KETKAR, J.) Deshmane(PS)