Mr.Motilal Maikulal Gupta v. Sayyed Ayyub Mohyauddin Solapurkar (Deceased Thru Lrs) And Others

ppn 1 19.cas-838.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.838 OF 2019 IN SECOND APPEAL NO.159 OF 2019 Motilal Maikulal Gupta ..

Applicant/Appellant Vs.

Sayyed Ayyub Mohyauddin Solapurkar (since deceased) through his legal heirs 1/1. Fatima Sayyed Ayyub Solapurkar & Ors. .. Respondents --- Mr.Rohit Joshi i/by Ms.Gauri Godse for the applicant/appellant. Mr.Somnath Thengil h/f Mr.Sachin Dhakephalkar for the respondent nos.1/2, 1/4 and 1/5.

--- CORAM : R.D.DHANUKA, J.

DATE : 9th September 2019 P.C.:

.

By this civil application, the applicant seeks condonation of delay in filing civil application, for setting aside abatement and for bringing the legal heirs of deceased respondent no.1/1 in the second appeal.

3.

Mr.Joshi, learned counsel for the applicant states that legal heirs of the respondent no.1/1 are already on record as the respondent nos.1/2 to 1/5. Statement is accepted.

3.

In view of the statement made by the learned counsel which is not disputed by the learned counsel for the respondent nos.1/2 to 1/5, civil application is disposed of on aforesaid terms. No order as to costs.

ppn 2 19.cas-838.19.doc 4.

Place the second appeal on board for 'Admission' on 14th October 2019. Ad-interim relief granted by this Court to continue till the next date.

R.D.DHANUKA, J.