Mrs. Razia Mohamed Haroon And ANR. v. Mr. Abdul Razzak Noor Mohd (Since Deceased) Through His Lrs Smt. Sakina Bi A.R. Qureshi And ORS

4.CAF1389_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1389 OF 2015 IN FIRST APPEAL NO. 836 OF 2008 Mrs. Razia Mohamed Haroon & Anr.

...

Applicants in the matter between Mohammed Yunus, since deceased though LRs Saliba Begum Mohammed Yunus & Ors.

... Appellants vs.

Abdul Razzak Noor Mohd. (deceased) through his LRs. Smt. Sakina Bi A.R.

Quershi & Ors.

... Respondents Mr. Priyank Shukla i/b. Mr. R.D. Mishra, Advocate for the applicants. Mr. Siddhesh Pilankar, i/b. Mr. Uday P. Warunjikar, Advocate for the original appellants.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : 4th September, 2015 P.C.:

In this Application, applicant/respondent no. 1D, who is legal heir of deceased/plaintiff prays that the appeal be dismissed as infructuous, as the suit shop is declared as slum under Slum Rehabilitation Act and is demolished.

2.

The learned counsel for the applicants submitted that as the suit property is demolished, the suit has become infructuous, the appeal is already admitted but there is no order of stay. Affidavit of reply is filed on behalf of original appellant no. 1.

4.CAF1389_2015.doc 3.

It is submitted by the learned counsel for original appellant in part of reply that though the respondent also admitted that the building where the suit shop is demolished on 8th August, 2014, there will be redevelopment of the property and in that view, it cannot be said that the Appeal has become infructuous because the suit was for declaration of dissolution of partnership and for the accounts. The learned counsel submitted that the judgment and decree is challenged in Appeal and therefore, the applicants submitted that the suit has not become infructuous.

4.

Read the plaint and the judgment. The suit is for declaration of dissolution of partnership in respect of the business carried out from the shop which is demolished and also for getting the accounts of the partnership. In view of this, Civil Application is dismissed. (MRS.MRIDULA BHATKAR, J.)