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Bombay High CourtCAW/3316/2015allowed

Mehmud Ratanmiya Attar v. Ismail Issak Shaikh (Decd) Through Lrs. And ORS.

2016-03-04Hon'Ble Shri Justice R.M. Savant.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3317 OF 2015 IN WRIT PETITION NO.9693 OF 2014 Anwar Khwajamiya Shaikh and another .. Applicants

Versus

Ismail Issak Shaikh (Since deceased through his heirs) Sameer Ismil Shaikh and others .. Respondents WITH CIVIL APPLICATION NO.3315 OF 2015 IN WRIT PETITION NO.9691 OF 2014 Shamshad Shamshuddin Attar and others .. Applicants

Versus

Ismail Issak Shaikh (Since deceased through his heirs) Sameer Ismil Shaikh and others .. Respondents WITH CIVIL APPLICATION NO.3316 OF 2015 IN WRIT PETITION NO.9692 OF 2014 Mehmud Ratanmiya Attar .. Applicant

Versus

Ismail Issak Shaikh (Since deceased through his heirs) Sameer Ismil Shaikh and others .. Respondents

WITH CIVIL APPLICATION NO.3318 OF 2015 IN WRIT PETITION NO.9694 OF 2014 Rashid Peer Mohammad Shaikh and another .. Applicants

Versus

Ismail Issak Shaikh (Since deceased through his heirs) Sameer Ismil Shaikh and others .. Respondents Ms. Aditi M. Athawale i/by Mr. R.S. Datar, for the Applicants in all Civil Applications.

None for the Respondents.

CORAM : R.M. SAVANT, J.

DATE : 4th MARCH 2016 P.C.

1.

The above Civil Applications have been filed to bring the heirs of the Respondent No.1 on record. It has been averred in the Civil Applications that the same are within time. Since the Civil Applications are within time, there is no impediment to allow the same. The Civil Applications are accordingly allowed. Resultantly, the heirs of the Respondent No.1 are allowed to be brought on record in all the Writ Petitions. Amendment to be carried out within two weeks from date. 2.

On amendment being carried out, issue fresh notice to the

heirs of the Respondent No.1 returnable 01.04.2016. In addition to service of notice through Court, the advocate for the Applicants shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the Respondents and shall file affidavit of service before the returnable date.

3.

Ad-interim relief in the above Writ Petitions to continue. [R.M. SAVANT, J]