Abdul Rahim Sk. Suleman Decd Thru Lhrs And ORS v. Smt. Aminabi Sk. Daud Decd Thru Lhrs

spm 1 6-civil-ia4270.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4270 OF 2021 IN WRIT PETITION NO. 6147 OF 1997 Smt. Begum Sk. Abdul and Ors.

.....Applicants Vs.

Smt. Aminabi Sk. Daud and Ors.

.....Respondents

IN THE MATTER OF

Abdul Rahim Sk. Suleman (Since Deceased) Through LRs and Ors.

......Applicants Vs.

Smt. Aminabi Sk. Daud ......Respondent Mr. R. V. Govilkar a/w Ms. Shaba V. Khan for Applicants. Mr. Amar A. Gharte for Respondent No. 1.

CORAM : A. S. GADKARI, J.

DATE : 29th MARCH, 2022.

P.C.:- Leave to amend to correct name of legal heir of Respondent is granted.

Amendment be carried out forthwith.

2.

This is an application for bringing legal heirs of sole Respondent on record.

It is stated in the Application that, for the first time on 2nd 1/2

spm 2 6-civil-ia4270.21.doc December, 2021 in the Court before whom execution proceedings are being conducted, the demise of Respondent on 8th March, 2007 came to the knowledge of the Applicants and thereafter present Application is immediately filed on 17th December, 2021. In view thereof it appears that, the present Application is filed immediately after receipt of knowledge of demise of Respondent.

3.

In view thereof and for the reasons stated in the Application, Application is allowed in terms of prayer clause (b). Necessary amendment be carried out in the record of Court within the period of three weeks from today and amended copy of the Petition be served upon the Respondents within same stipulated period. (A.S. GADKARI, J.) 2/2