Shaikh Karun Chand And ORS. v. Ismail Chand Shaikh

Trupti 9-cas-1107-17..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1107 OF 2017 IN SECOND APPEAL No. 554 of 2010 Mr. Shaikh Harun Chand & Ors ...Applicants

IN THE MATTER BETWEEN

Mr. Shaikh Harun Chand & Ors.

...Appellants

Versus

Ismail Chand Shaikh (since deceased through legal heirs) Smt. Jamila Ismail Shaikh & Ors.

... Respondents ......

Ms.Shraddha Pawar i/b. Mr. Dilip Bodake for the Applicants. Mr. Akshay Chikhale i/b. Mr. P.B.Shah for the Respondents. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

APRIL 06, 2018 P.C. :

1.

The learned Counsel for the applicants submits that the Second Appeal is already admitted. The sole respondent- Ismail Chand Shaikh has expired on 31st January, 2017. She further submits that this Civil Application is moved for bringing on record the legal heirs of the sole respondent. This Application is filed on

Trupti 9-cas-1107-17..doc 29th March, 2017 i.e., within time. Hence, she prays that the legal heirs of the sole respondent be brought on record. 2.

In view of the above and as the Civil Application is filed within time, the legal heirs of the sole respondent are to be brought on record. Amendment is to be carried out within a period of three weeks from today.

3.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.)