Amanullah Fateh Mohd. Khan (Deceased) Thr. Lrs. Lilatunissa Amanulah Khan v. The Municipal Corporation Of Greater Mumbai

26-IA-2629-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2629 OF 2023 IN FIRST APPEAL NO. 1548 OF 2013 Amanullah Fateh Mohd. Khan (since deceased) Through L.Rs.

1-a Lilatunissa Amanulah Khan and Anr.

...

Applicants

IN THE MATTER BETWEEN

Amanullah Fateh Mohd. Khan ...

Appellant

Versus

The Municipal Corporation of Greater Mumbai.

...

Respondent .....

Mr. J. S. Yadav i/b B. P. Shukla, for the Applicant. Mr. Santosh Parad, for the Respondent-MCGM.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 18th JULY, 2023.

P.C.

Not on board. Taken on board.

The sole appellant died on 28/01/2022 at his native place at Ayodhya, Uttar Pradesh. Copy of the death certificate is annexed at Exh.A. It is submitted that since the appellant had died at his native place during the Corona Pandemic, a delay has been caused in making the application for bringing the Legal Representatives of the REKHA PRAKASH PATIL deceased-appellant on record.

by REKHA PRAKASH PATIL Date: 2023.07.20 11:39:19 +0530 Rekha Patil

26-IA-2629-2023.doc Since sufficient cause has been shown, the delay is condoned and abatement is set aside.

The legal representatives as stated in Schedule are permitted to be brought on record by carrying out necessary amendment within two weeks from today. After carrying out amendment, copy of the amended appeal memo be furnished to the learned Counsel for the respondent.

Application is allowed in the aforesaid terms with no order as to costs.

List the Appeal on "Final Hearing Board" in the week commencing from 4th September, 2023.

[PRITHVIRAJ K. CHAVAN, J.] Rekha Patil