Sheikh Rajjad Jaffarbhai Mulani v. Jayadda Khutubuddin Mulani Alias Jayadda Salim Pathan And ORS

4 caa 285-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 285 OF 2014 IN APPEAL FROM ORDER NO. 871 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S.Kulkarni for the applicant.

Mr. V.B. Tapkir for the respondent nos. 1,2,3,5 & 6. CORAM : K. K. TATED, J.

DATED : 05/01/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for bringing legal heirs on record of deceased respondent no.9 Shariffa @ Husainbee Babubhai Sayyad, who died on 15.09.2013.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, Civil Application is allowed in terms of prayer clauses (a) and (b), which read thus:

"a) That this Hon'ble Court may condone the delay of about 72 days in taking out the present Civil Application and the abatement, if any, be set aside. b) That this Hon'ble Court be pleased to bring the legal heirs of deceased Respondent no.9 Sneha Chavan 1/2

4 caa 285-14=.doc namely Shariffa @ Husainbee Babubhai Sayyad on record and the cause title and record may be amendment accordingly."

Applicant to carry out appropriate amendment within 8 weeks from today, failing which civil application shall stand dismissed without referring back to the court.

If appropriate amendment is carried out within stipulated time as stated herein above, office is directed to issue notice to the added respondents in Appeal from Order no. 871 of 2013, returnable after 12 weeks.

In addition to usual mode of service, applicant is permitted to serve added respondents in Appeal from Order by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

Civil Application disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2