Mohammed Shamim Mohammed Yasin v. Fatimabai Binte Nakhuda Mohammed Ameen Rogay Religious And Charitable Trust And ORS.

34-IA-7951-2023.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7951 OF 2023 IN FIRST APPEAL NO.289 OF 2016 Mohammed Zoeb Qureshi ] Applicant

IN THE MATTER BETWEEN:

Mohammed Shamim Mohammed Yasin ] Appellant Fatimabai Binte Nakhuda Mohammed ] Ameen Rogay Religious & Charitable ] Trust and others ] Respondents .....

Mr. Ashish Gabhale i/b Jay & Co., for Appellant. Ms. Srushti S. Chalke i/b Mr. Drupad Patil, for Respondents No.1,3 and 4.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 25th JULY, 2023.

P.C.

1.

This is an application for bringing legal representatives of the sole appellant who is stated to have died on 8th June, 2020. 2.

It is the contention of the learned Counsel for the applicant that since the deceased died during the Covid-2019 pandemic, delay has occurred in bringing the legal representatives of the deceased on record.

SHAILAJA SHRIKANT SHRIKANT HALKUDE

34-IA-7951-2023.doc 3.

For the reasons stated in the application, delay is condoned by setting aside abatement and the application is allowed in terms of prayer clauses (a) and (b). Necessary amendment shall be carried out as per the schedule annexed with the application within two weeks.

4.

Application is disposed of in the aforesaid terms with no order as to costs.

[PRITHVIRAJ K. CHAVAN, J.]