Shaikhdin Balabhai Mulani(Deceased Thr. Lrs 1. Mahiboob Shaikhdin Mulani And ORS. ) v. Shaira Shaikhdin Mulani

68-cas1413-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1413 OF 2016 IN SECOND APPEAL NO.586 OF 2003 Shaikhdin B. Mulani, since deceased through His L.Rs. - Mahibook S. Mulani & Ors. ...Applicants V/s.

Shaira S. Mulani

...Respondent

Mr.Samir Kumbhakoni for the Appellants.

Mr.Machhindra Patil for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

Learned counsel appearing for the applicant states that the appellant in the second appeal has expired and seeks to withdraw the second appeal itself. The statement is accepted. 2.

Since the applicant seeks to withdraw the second appeal, I am inclined to grant reliefs in terms of prayer clauses (a) to (c) of this civil application inter-alia praying for setting aside the abatement and for amendment of second appeal.

3.

The civil application is accordingly made absolute in terms of prayer clauses (a) to (c). The amendment to be carried out within one week from today. No order as to costs.

(R.D. DHANUKA, J.) 1/1