Gulam Saheb Husenmiya Patel (Decd) By Heirs And ORS. v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 683 OF 1993 WITH CIVIL APPLICATION NO. 1900 OF 2003 WITH CIVIL APPLICATION NO. 3039 OF 2016 WITH CIVIL APPLICATION NO. 1092 OF 2019 WITH CIVIL APPLICATION NO. 1091 OF 2019 IN FIRST APPEAL NO. 683 OF 1993 Gulam Saheb Huseinmiya Patel (deceased through legal heirs) :

Hajirabi Gulam Saheb Patel and anr.

....Appellants V/s.

The State of Maharashtra ....Respondent Mr. R.S. Datar for the appellant / applicant. Ms. Anamika Malhotra, AGP for respondent.

Ms. Seema Sarnaik for respondent nos.4 to 12, 14 to 16. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th OCTOBER, 2019 P.C.:- ORDER IN CIVIL APPLICATION NOS. 1900 OF 2003 AND 3039/2016:- .

By these applications, the applicants have sought to condone the delay in filing these applications and further to bring on record the legal representatives of the deceased appellant and respondent no.13 respectively. The learned AGP as well as learned counsel for 1/3

respondent nos.2 to 16 have no objection. Hence, the delay is condoned. Civil applications are allowed. Legal representatives of deceased appellant and respondent no.13 are allowed to be brought on record. Cause title be amended within a period three weeks. 2.

Civil Application Nos.1900/2003 and 3039/2016 stand disposed of.

ORDER IN CIVIL APPLICATION NO. 1091 OF 2019 :- 3.

By this application, the applicant has sought leave to substitute the name of respondent no.16 in the cause title from 'Safika Gulam Saheb Patel' to 'Safika Ayyub Patel'

.

4.

In view of the no objection given by the learned AGP, Civil Application is allowed. Cause title be amended within a period of three weeks.

5.

Civil Application No.1091 of 2019 stands disposed of. ORDER IN CIVIL APPLICATION NO. 1092 OF 2019 :- 6.

By this application, the applicant has sought to delete the name 2/3

of respondent no.3. Since the legal representatives of deceased respondent no.3 are already on record as respondent nos.5 to 10 and 15 and 16, the name of deceased respondent no.3 be deleted. Civil Application is allowed. Cause title be amended within a period of three weeks.

7.

Civil Application No.1092 of 2019 stands disposed of. ORDER IN FIRST APPEAL NO. 683 OF 1993 :- 8.

The learned counsel for the appellant states that the connected appeals being FA/427/1993, FA/428/1993 and FA/672/1993 are also arising from the same notification.

9.

The same be tagged along with this appeal.

10. To be listed on 04/11/2019.

Preeti H.

Jayani Preeti H. Jayani Date: 2019.10.17 17:15:24 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 3/3