Kalawatidevi D/O. Devidayal Singh v. Maharashtra Housing And Area Development Authority And ANR.

ssm 1 9-ia2016.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 2016 OF 2021 IN CIVIL REVISION APPLICATION NO. 1126 OF 2012 Kalawatidevi D/O. Devidayal Singh .....Applicant.

Vs.

Maharashtra Housing And Area Development Authority & Anr.

.....Respondents.

Mr. Dharmesh Singh i/by Law Competere Consultus for the Applicant. Mr. S.P. Thorat for the Respondent No.1.

Mr. Y.E. Mooman for the Respondent No.2.

CORAM : A. S. GADKARI, J.

DATE : 25th AUGUST, 2021.

P.C.:- This is an Application for bringing legal heirs of Respondent No.2 on record, as per the Schedule of Amendment, annexed at Exhibit-E at page No.23.

A plain reading of paragraph Nos. 6,7, 8 and 9 of Affidavit-inreply dated 6th March, 2021 filed by Sayed Nazia Mohd. Iqbal @ Sayed Nazia Shadab Khan reveals that, she is not direct descendant of Respondent No.2. No Heirship Certificate of Respondent No.2 is produced on record by the Affiant of Affidavit dated 6th March, 2021, filed by the concerned person.

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ssm 2 9-ia2016.21.doc It appears to this Court that, the persons mentioned in Schedule of Amendment annexed at Exhibit-E at page No.23 of the Application are not the legal heirs of deceased Respondent No.2 Anishabanu Jamilabai.

The Civil Revision Application, therefore stands abated as against the Respondent No.2 and therefore, no question of bringing the said two persons on record arises.

Application is accordingly dismissed.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2021.08.30 18:11:46 +0530 SANJIV SHARNAPPA MASHALKAR 2/2