Jahid Moharam Shaikh (Deceased) Thr. L.R.S. Ummesalma Zahidali Shaikh And ORS. v. Bombay Housing And Area Development Board And ORS.

(7)-IA-563-2022 in FA-1375-2004.doc 09.02.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.02.09 17:58:18 +0530 CIVIL APPELLATE JURISDICTION MOHAMMAD NAJEEB MOHAMMAD QAYYUM Interim Application No. 563 / 2022 in First Appeal No. 1375 / 2004 Jahid Moharam Shaikh (deceased) Thr. L.R.S. Ummesalma Zahidali Shaikh and Ors. ... Applicants

Versus

Bombay Housing and Area Development Board and Ors.

... Respondents **** Ms. Prena Shukla i/by Mr. Nitin V. Gangal, Advocate for the Applicants in I.A.563/2022.

Mr. Priyonk Shukla, Advocate for Respondent No. 3A to 3D in I.A.- 563/2022.

**** CORAM : SANDEEP K. SHINDE, J.

DATE : 9 th FEBRUARY, 2022.

[Through Video Conference] P.C.

1.

Pending First Appeal No. 1375/2021, Sole-Appellant died on 2 nd August, 2020. This application is moved for; bringing the legal representatives of the deceased-Appellant on record; for setting aside the abatement order and condonation of delay, caused in preferring this application.

Najeeb 1/2

(7)-IA-563-2022 in FA-1375-2004.doc 09.02.2022 2.

Heard. Learned Counsel for the Applicants and Mr. Shukla, learned Counsel for Respondent No. 3A - 3D.

3.

None appears for Respondent No.1.

4.

For the reason stated in the application, the delay is condoned. Abatement order is set aside. The application is allowed in terms of prayer clause (b). Consequential amendment to be carried out within two weeks from today.

5.

Application is disposed of.

(SANDEEP K. SHINDE, J.) Najeeb 2/2