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Bombay High CourtFCA/87/2012

Mr.Ibrahim Ismile Shaikh.. v. Mr. Firoz Wahid Chamakora

2018-03-08Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

231 fca87-12withcas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.87 OF 2012 WITH CIVIL APPLICATION NO.179 OF 2012 WITH CIVIL APPLICATION NO.33 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sanjay K. Gunjkar i/b M/s. Jaydeep S. Deo for the appellant and applicant in Civil Application No.179 of 2012 None for the respondent CORAM : K. K. TATED & B.P. COLABAWALLA, JJ.

DATE : MARCH 8, 2018 P.C.:

1.

At the request of advocate for the appellant, matter is taken out of turn.

2.

Advocate for the appellant submits that appellant no.1, Ibrahim Ismail Shaikh died. He has placed on record photocopy of death certificate of Appellant No.1. Same is taken on record. Hence, he is permitted to delete the name of Appellant No.1 from the cause title of Appeal Memo. Amendment be carried out during the course of the Mohite 1/2

231 fca87-12withcas day.

3.

Advocate for the appellant submits that appellant no.2, Maimura Ibrahim Shaikh party in person present in court. He submits that she instructed him to withdraw the Family Court Appeal No.87 of 2012 . To that effect, advocate for the appellant has given in writing. Same is taken on record and marked 'X' for identification. Same is accepted.

4.

Family Court Appeal No.87 of 2012 stands disposed of as withdrawn. No order as to costs. 5.

In view of withdrawal of Family Court Appeal, nothing survives in both the Civil Applications. Same stands disposed of as infructuous. No order as to costs.

(B.P.COLABAWALLA, J.) (K.K.TATED, J.) Mohite 2/2