Vasi Ahmad Jabbar Shaikh v. Harbanslal Fakirchand Mankad

Mugdha 14-CA 960-16 in SA 133-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.960 OF 2016 IN SECOND APPEAL NO. 133 OF 2012 Vasi Ahmad Jabbar Shaikh & Anr.

...Applicants V/s.

Harbanslal Fakirchand Mankad (since deceased, through his LRs) & Ors.

...Respondents

....

Shri Amol P. Mhatre, advocate for the applicants. None for the respondents.

....

CORAM : M.S.KARNIK, J.

DATE : 7th JUNE, 2019 P.C. :

1.

Leave to amend.

2.

This is an application for bringing the legal representatives of the respondent No. 1 on record, who expired on 21/09/2013. 3.

It is stated that respondent Nos.1a) to 1g) are the legal representatives of the respondent No. 1.

4.

The learned counsel for the applicants submits that the respondent Nos. 1c to 1g are served by way of publication, pursuant to the order dtd.07/03/2019 passed by the Registrar 1/2

Mugdha 14-CA 960-16 in SA 133-12.doc (Judicial - II). Despite the service, none appeared on behalf of these respondents.

5.

For the reasons mentioned in paragraph Nos. 9, 10 and 11 in the application, the delay in filing the application is condoned.

6.

Further for the reasons mentioned in the application, the respondent Nos.1a) to 1g) to be brought on record as legal representatives of the respondent No. 1. Amendment be carried out within a period of two weeks from today.

7.

The Civil Application is allowed in terms of the prayer clause (a), (b) and (c).

8.

List the Second Appeal on 21/06/2019.

(M.S.KARNIK, J.) 2/2