Shri. Isaque Ibrahim Shaikh Through Lrs. v. Smt. Hoorbanu Mohammed Hasham Shaikh

18-caw-2423-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2423 OF 2018 IN WRIT PETITION NO. 7153 OF 2002 Shri. Ishaque Ibrahim Shaikh (since deceased) through Lrs.

.. Applicants

Versus

Smt. Hoorbanu Mohamed Hasham Shaikh .. Respondent Mr. Parag Tilak for the Applicants.

Mr. R.S. Datar for the Respondent.

CORAM : K.K. TATED, J.

DATE : 28 NOVEMBER 2018.

P.C:- .

Heard learned Counsel for the parties.

2.

By this civil application, applicant is seeking permission to bring the legal heirs on record of sole petitioner in Writ Petition No. 7153 of 2002. He submits that the sole petitioner expired on 24.02.2018. He submits that the present civil application was filed within time. Considering the submissions made by the learned Counsel for the applicant,, avernments made in civil application and as the civil application is filed within time, I am satisfied that the applicant has made out the case for following order :- a) Applicant is permitted to bring the legal heirs on record of sole petitioner i.e. Shri. Ishaque Ibrahim Shaikh on S.C.Magar

18-caw-2423-2018.doc record in Writ Petition No. 7153 of 2002 and in pending civil application, if any, on or before 21.12.2018. b) If amendment is carried out within stipulated time, applicant is directed to provide the amended copy of Writ Petition and pending civil application, if any, to the other side immediately thereafter.

c) Civil application stands disposed of.

d) No order as to costs.

(K.K. TATED, J.) S.C.Magar