Gaffar Abdul Razzak Shaikh And ORS v. Vishal Vithalrao Pawar And ORS

906-ca-1016-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1016 OF 2022 IN FA/717/2020 GAFFAR ABDUL RAZZAK SHAIKH AND OTHERS

VERSUS

VISHAL VITHALRAO PAWAR AND OTHERS ....

Mr. N.D. Kendre, Advocate for the Applicants Mr. A.S. Usmanpukar, Advocate for Respondent No.3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 02nd FEBRUARY, 2022 PER COURT:- 1.

It is an application to bring on record the legal heirs of the deceased appellant No.2 Khurshidbee W/o Abdul Razzak Shaikh. 2.

Heard Mr. Kendre, learned counsel for the applicants and Mr. A.S. Usmanpurkar, learned counsel for respondent no.3. 3.

It is revealed that the original claimant / appellant no.2 Khurshidbee W/o Abdul Razzak Shaikh died during the pendency of first appeal no. 717 of 2020 on 20.04.2020. She has left behind two legal heirs, which are shown in para no.3 of the application. The application needs to be allowed. Equally, the applicants are required to be permitted to withdraw the amount lying with the Registry in view of disposal of the appeal.

906-ca-1016-22

O R D E R

(i) The civil application is hereby allowed in terms of prayer clauses (B) and (C).

(ii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane