Hindustan Petroleum Corporation Ltd. v. Bai Failabai Wife Of Abdul Satar Suleman Oomer And ORS.

56) cac23-17.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.23 OF 2017 WITH CIVIL APPLICATION NO.24 OF 2017 WITH CIVIL APPLICATION NO.25 OF 2017 IN CIVIL REVISION APPLICATION NO.427 OF 2012 Hindustan Petroleum Corporation Ltd.

..Applicant.

V/s.

Bai Failabi w/o. Abdul Sattar Suleman Oomer & Ors.

..Respondents.

Ms.Ashiya Shaikh i/b. Rustomji & Ginwala for the Applicant in all Applications.

Ms.Archana Uppuluri i/b. ANB Legal for Respondent Nos.1 to 7. CORAM : N.M.Jamdar, J.

DATED : 27 January, 2017 P.C. :- Civil Application No.23 of 2017 is taken out for bringing the heirs of Respondent No.1 on record and setting aside the abatement order.

2.

Heard learned counsel for the parties. It is stated in the 1/2

56) cac23-17.doc application that Respondent No.1 is survived by Respondent No.2 as the only heir. The learned counsel for Respondent No.2 confirms this position. Accordingly, Civil Application is allowed in terms of prayer clause (a) to (c). Amendment to be carried out within two weeks from today.

3.

Civil Application No.24 of 2017 is taken out for bringing the heirs of Respondent No.7 on record and setting aside the abatement order. It is stated in the application that Respondent No.7 is survived by Respondent No.2 as the heir. Accordingly, Civil Application is allowed in terms of prayer clause (a) to (c). Amendment to be carried out within two weeks from today. 4.

In Civil Application No.25 of 2017, the learned counsel for Respondent Nos.1 to 7 seeks time to take instructions as to whether she is representing the heirs of deceased Respondent No.3 as well. Stand over to 23 February, 2017.

(N.M.Jamdar, J.) 2/2