Sugra Taqdeer Widow Of Abdul Hussain And ORS v. Mohamed Hussain Son Or Mahomed Ali Mojernama Haideri And ORS

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.787 OF 2016 ALONG WITH CIVIL APPLICATION NO.992 OF 2016 Sugra Taqdeer Abdul Hussain & Ors.

.... Appellants-Applicants V/s.

Mohamed Hussain Mahomed Ali Mojernama Haideri Iranian and Ors.

.... Respondents None present for the Appellants-Applicants.

Mr. Mohamed Hussain, Son of Respondent No.2, is present.

CORAM

: DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 4 TH FEBRUARY, 2019.

P.C. :

1.

None present for the Appellants-Applicants.

2.

Mr. Mohamed Hussain, Son of Respondent No.2 herein, who is Original Defendant No.1, is present in person and submits that, the Suit has already been abated in the year 2009 and, accordingly, dismissed on 30th June 2018. In support of his submissions, he has also tendered a photocopy of the order dated 30th June 2018 passed by the Trial Court in Suit No.1474 of 1991, which is taken on record and marked as 'Annexure-A' for the purpose of identification. 3.

In view thereof, this Appeal, along with Civil Application thereto, having become infructuous, stands dismissed.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1 AO-787-16.doc