Ketan Natvarlal Shah And ANR v. Siddiqua Sayed Mustafa Sayed Murtaza Mirai And ORS

bipin prithiani 21-ia-3746.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.07.16 12:18:56 +0530 BIPIN DHARMENDER PRITHIANI INTERIM APPLICATION 3746 OF 2022 AND INTERIM APPLICATION 1507 OF 2022 IN WRIT PETITION 9750 OF 2021 WITH WRIT PETITION 9750 OF 2021 Ketan Natvarlal Shah and Anr.

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Applicants/ Petitioners

Versus

Siddiqua Sayed Mustafa and Ors.

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Respondents ALONG WITH INTERIM APPLICATION 3747 OF 2022 AND INTERIM APPLICATION 1506 OF 2022 IN WRIT PETITION 9751 OF 2021 WITH WRIT PETITION 9751 OF 2021 Suresh Harakchand Shah and Anr.

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Applicants/ Petitioners

Versus

Siddiqua Sayed Mustafa and Ors.

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Respondents ****** Mr. Sandesh D. Patil a/w Mr. Dharmesh Joshi for the Applicants/ Petitioners.

Mr. Sandeep A. Bhagwat for the Respondent 2.

****** CORAM: ROHIT B. DEO, J.

DATE : 15th JULY, 2022 P.C. :- .

Interim applications 3746 of 2022 and 3747 of 2022 are taken out for bringing on record legal heirs of deceased respondent 3.

bipin prithiani 21-ia-3746.22.doc 2.

It is stated in the application that it was only on 15th March, 2022, during the course of hearing in the Trial Court, that the petitioners were made aware that respondent 3 had expired at Iran on 28th May, 2021. The learned counsel for the petitioners further states that in the Trial Court the legal heirs are already brought on record. 3.

For reasons stated in the interim applications 3746 of 2022 and 3747 of 2022, the same are allowed.

4.

Delay in bringing on record, if any, the legal heirs of deceased respondent 3, is condoned. Abatement, if any, is set aside. 5.

The cause title of the petitions be corrected within a week. 6.

Let notice be issued to the legal heirs of the deceased respondent 3, returnable on 12th September, 2022.

7.

Interim order shall continue to operate till the next date of hearing.

[ROHIT B. DEO, J.]