Shabbir Mohammadhusen Attar v. Smt. Nilawwa Channappa Halwai (Deceased Thr. Lrs) And ORS.

1 4 SA 163-08 w CAS 714-16.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 163 OF 2008.

Along with Civil Application No. 714 of 2016.

Shri Shabbir Mohammadhusen Attar ... Appellant / Applicant.

V/s.

Smt.Nilawwa Channappa Halwai & ors.

... Respondents.

Mr.Tejpal Ingale, for the Appellant / Applicant in both C.A. Mr.Nikhil Pawar, for Respondent Nos.1-A to 1-F, 1G-1, 4-1 to 4-3, 5 to 8, 9(1).

Ms.Shruti Kandoi i/b Mr.Umesh Mankapure, for Respondent No.4-3. Mr.Vijay Patil, for Respondent No.10-1 to 10-4, 11-1, 11-2, 11-4 and 115. Coram : N.M. Jamdar, J.

Wednesday 27 April, 2016.

P.C. :- Perused the Application. The learned counsel appears for Respondent Nos.1-A to 1-G and therefore, issuance of notice is not necessary. It is stated on oath that Respondent No.2(1) died without leaving any heirs and the legal heirs of Respondent No.13 are already on record as Respondent Nos.4 to 9. The learned counsel for the Applicant has requested that in the circumstances, the Respondent Nos.2, 2(1) and 13 be deleted from array of parties. Accordingly, Civil application is allowed in terms of prayer clause (a) to (d). (N.M. Jamdar, J.)