Smt. Mehamuda Rashid Mulla And ORS. v. Haji Ahmed Mohd. Khan (Since Deceased Through Legal Heirs)

kpd 1 / 1 23-CAS-747-2016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 747 OF 2016 IN SECOND APPEAL NO. 469 OF 2015 Smt. Mehamuda Rashid Mulla and others ...

Applicants

Versus

Haji Ahmed Mohd. Khan and others ...

Respondents Mr. Nitin Gangal for the Applicants/Appellants. Mr.Smit Nagda i/b. Anilkumar Patil for the Respondent Nos.1/1 to 1/6, 2 and 3. CORAM : S.J. KATHAWALLA, J.

DATED : 7TH JULY, 2017 P.C.:

1.

By the above Civil Application, the Applicants/Appellants seek condonation of delay of 134 days in filing the above Second Appeal. Heard the Respondent No.1/1 to 1/6 and the Respondent Nos.2 and 3. For the reasons set out in paragraph No.3 of the Civil Application, delay is condoned. Advocate for the heirs of the original Respondent Nos.1 waives service. As far as the Respondent No.4 is concerned, he be served by substituted service namely, Free Press Journal (English) and Navshakti (Marathi) Kalyan Editions. The Civil Application No.747 of 2016 is disposed off. 2.

Place the Second Appeal for admission on 07.08.2017. ( S.J.KATHAWALLA, J. )1.