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Bombay High CourtIA/16876/2023allowed

Mrs. Jubeda Mahammad Yusuf Patel Since Deceased v. Mr. Abdul Aziz Hussainmiya Patel Deceased

2024-01-11Hon'Ble Shri Justice Sandeep V. Marne2 pages

k 1/2 35 sa 255.23 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.255 OF 2023 WITH INTERIM APPLICATION NO.16876 OF 2023 IN SECOND APPEAL NO.255 OF 2023 WITH INTERIM APPLICATION NO.14820 OF 2023 IN SECOND APPEAL NO.255 OF 2023 WITH INTERIM APPLICATION NO.3391 OF 2023 IN SECOND APPEAL NO.255 OF 2023 MRS JUBEDA MAHAMAD YUSUF PATEL ....Appellant/Applicant V/S MR. ABDUL AZIZ HUSSAINMIYA PATEL SINCE DECEASED THROUGH L,R ....Respondent ...

Mr. Sujay S. Palshikar with Shreeram Kulkarni for the Appellant/Applicant.

Mr. N.V. Walawalkar, Senior Counsel a/w Mr. Suresh Sabrod, Mr. Jeetendra Sachhdev, Mr. Abubkar Patel, Mr. Amey Sawant and Mr. Prateek Sabrod i/b M/s. J.S. Legal for the Respondent No.1.1 and 1.2. ...

CORAM: SANDEEP V. MARNE, J.

DATE : JANUARY 11, 2024.

P.C.:

INTERIM APPLICATION NO.16876 OF 2023 The Interim Application is filed to bring on record legal heirs of the deceased Appellant. Though the Application is not seriously contested by katkam 1/2

k 2/2 35 sa 255.23 as.doc Mr. Walawalkar, the learned Senior Counsel appearing for Respondent Nos.1.1 and 1.2, he would fairly submit that in addition to Mr. Shafiq Mohammad Yusuf Patel, the deceased Appellant also has a daughter Rafiqa Atiq Mulla.

In that view of the matter, the Interim Application is allowed. Both Mr. Shafiq Mohammad Yusuf Patel as well as Mrs. Rafiqua Atiq Mulla are permitted to be brought on record as legal representatives of the deceased Appellant. Amendment to be carried out within one week from today.

List the Appeal for admission on 18 January 2024. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.01.12 16:00:46 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2