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Bombay High CourtIA/17895/2023disposed off

Amina Begum Mainuddin Mulla (Since Deceased) Thr. Lrs. 1) Asif Moinuddin Mulla And ORS. v. Union Of India Thr. Dy. Salt Commissioner, And Others

2023-12-15Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1 22 ia 17895 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17895 OF 2023 IN FIRST APPEAL NO.499 OF 1994 Amina Bagum Mainuddin Mulla (Since deceased through LRs) Asif Moinuddin Mulla (Son) and Ors.

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Applicants

IN THE MATTER BETWEEN :

Union of India and Ors.

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Appellants

Versus

Abdul Majid Abdul Hamid Mulla and Ors.

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Respondents .....

Ms.Sushmita Tandel i/b. Mr.Rahul Thakur, Advocate for the Applicants.

Mr.Vinod Sakpal i/b. M/s.Milan Bhise & Co., Advocate for the Appellant No.3 in FA 449 of 1994.

Mr.A.R. Patil, Addl. G.P. for Respondent No.2 State in FA 449 of 1994.

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CORAM : NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.

DATE : 15 DECEMBER 2023.

P.C. :

This is an application for bringing the legal heirs of Respondent No.15 on record. Instead of Appellants taking out this Digitally signed by RAJESHRI PRAKASH AHER Date:

2023.12.16 16:19:24 +0530 Application, it is the heirs themselves have taken out an application RAJESHRI PRAKASH AHER to which the learned counsel for the Appellants has no objection. Rajeshri Aher

2 22 ia 17895 of 2023.doc There is a delay of 3 years and 102 days since Respondent No.15 has expired. Considering the facts and circumstances narrated in the Application and that it is the Application of the heirs themselves delay is condoned. Interim Application is allowed. The Appellants will carry out necessary amendments within a period of four weeks from today.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Rajeshri Aher