← Library
Bombay High CourtWP/1113/2002disposed off

Mehmood Gafur Kazi And ANR. v. Jabbar Yusuf Kazi And ORS.

2023-11-07Hon'Ble Shri Justice Sandeep V. Marne2 pages

Neeta Sawant 1/2 7-IA-16654 & IA-16655-2023.doc 7 November 2023.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16654 OF 2023 IN WRIT PETITION NO. 1113 OF 2002 AND INTERIM APPLICATION NO. 16655 OF 2023 IN WRIT PETITION NO. 1114 OF 2002 Mehmood Gafur Kazi Since Decd.

Thr. Lrs. And Legal Representative and anr.

...Applicants/ Petitioners V/s.

Jabbar Yusuf Kazi and Ors.

....Respondents ALONGWITH WRIT PETITION NO. 1113 OF 2002 AND WRIT PETITION NO. 1114 OF 2002 Mehmood Gafur Kazi and Ors.

...Petitioners

V/s.

Shri. Jabbar Yusuf Kazi and Ors.

...Respondents

---- Mr. Dilip Bodake , for the applicants-Petitioners in both the petitions. Ms. Shital Ekawade, for Respondent Nos.1 to 4, 10 to 14. Mr. Nachiket Khaladkar a/w. Mr. Kalpesh Turalkar for Respondent No.9 in IA-16654-2023.

Mr. Nene Vijay Vasant a/w. Mr. Vinod Utekar, for Respondent No.9 in IA-16655-2023.

Neeta Sawant 2/2 7-IA-16654 & IA-16655-2023.doc 7 November 2023.

Mrs. Vaishali Nimbalkar, AGP for Respondent Nos.15 and 16. Respondent No.1(a) present in Court.

CORAM : SANDEEP V. MARNE, J.

Dated :

7 November 2023.

P.C. :

Interim Application No.16654/2023 and Interim Application No. 16655 of 2023 : 1.

The above Interim Applications are filed to bring legal heirs of the deceased petitioner No.1 on record only for the limited purpose of withdrawal of the petition. Therefore, though there is inordinate delay of more than 20 years in filing the application, considering the purpose for which the legal heirs are sought to be brought on record, the Interim Applications are allowed. Necessary amendment to be carried out during the course of the day.

Writ Petition No. 1113 of 2002 and Writ Petition No. 1114 of 2002 : 2.

Mr. Bodake, the learned counsel appearing for the Petitioners has tendered Affidavits of legal heirs of Petitioner No.1 and Petitioner No.2 expressing their desire to withdraw the Writ Petitions. The Affidavits are taken on record. Both the Writ Petitions are disposed of as withdrawn.

SANDEEP V. MARNE, J.

Digitally signed by NEETA SHAILESH SAWANT Date:

2023.11.10 15:37:45 +0530 NEETA SHAILESH SAWANT