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Bombay High CourtCAF/64/2006

Gulam Saheb Hussenmiya Patel (Decd) By Lrs Smt. Hajirabi Abdul Hamid Khan Bubere And ANR. v. The State Of Maharashtra

2019-03-19Hon'Ble Shri Justice K.K. Tated2 pages

23(b).caf.64.2006.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.64 OF 2006 IN FIRST APPEAL NO.672 OF 1993 Rulam Saheb Hussenmiya Patel (decd.)through LR's and Ors.

.. Applicants

Versus

The State of Maharashtra .. Respondent Mr. Akshay Kandharkar I/b R.S. Datar for applicants. Mr. Yogesh Dabake, AGP for respondent No.1.

Mrs. Seema Sarnaik for respondent Nos.5 and 16.

CORAM:

K.K. TATED, J.

DATED :

MARCH 19, 2019.

P.C. :

Heard learned Counsel for parties.

2.

By this Civil Application, applicant is seeking correction in the cause title to show the present correct name of applicant Nos. 1 and 2.

3.

Considering the submissions made by learned Counsel for the applicant, averments made in Civil Application, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :- a) Civil Application stands in terms of prayer clause (a) and (b), which reads thus :- "(a) that delay, if any, in filing the present Civil Application may please be condoned;

(b) that leave to amend so as to correct S.C. Magar 1/2

23(b).caf.64.2006.doc the names of Applicant Nos.1 and 2 from Smt.

Hajirabi Gulam Saheb Patel to Hajirabi Abdul Hamid Khan Bubere and from Smt. Khadijabi Gulam Saheb Patel to Smt. Khadijabi Abdul Rashid Patel, respectively be granted."

b) Amendment to be carried out on or before 30.04.2019, failing which Civil Application stands rejected. c) If amendment is carried out within stipulated time, applicant is directed to serve the amended copy of the appeal memo on other side immediately thereafter. d) Civil Application stands disposed of accordingly. e) No order as to costs.

(K. K. TATED, J.) S.C. Magar 2/2