Khaja Miya Abdul Aziz Deceased Through Lrs Mustkim Qureshi v. Dadamiya Khair Mohd. Deceased Petitioner No 1 Thr Lrs Arif Dadamiya Qureshi And Others

711.22ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.711 OF 2022 IN WP/2971/1989 WITH WP/2971/1989 WITH CA/13950/2021 IN WP/2971/1989 WITH CA/2160/2018 IN WP/2971/1989 KHAJA MIYA ABDUL AZIZ, DECEASED, THROUGH LRS MUSTKIM QURESHI AND OTHERS

VERSUS

DADAMIYA KHAIR MOHD.. DECEASED, PETITIONER NO 1, THR. LRS ARIF DADAMIYA QURESHI AND OTHERS ...

Mr Suvidh S. Kulkarni, Advocate for applicants; Mr M. N. Shaikh, Advocate h/f Mr S. S. Kazi, Advocate for respondents Mr R. M. Shaikh, Advocate for applicants in CA/13950/2021 CORAM : SMT. BHARATI DANGRE, J.

DATE : 21st January, 2022 PER COURT:

1.

By Civil Application No.711/2022, the applicants, the legal heirs of the petitioner No.5 are sought to be brought on record. Heard the learned Counsel for the applicants and perused the application. The reasons stated in the application justify the civil application to be allowed in terms of prayer clause (B). Civil Application stands allowed.

2.

The learned Counsel for the petitioners also state that the petitioner No.2B - Mumtaj Begum w/o Mohd. Jameel is also dead and therefore, he may be permitted to pass a pursis on record,

711.22ca (2) stating that since her legal heirs are already on record, her name may be permitted to delete from the title clause. On the necessary pursis being filed, the deletion is permitted to be effected.

3.

The learned Counsel for the petitioners also seek correction in the name of petitioner No.3, who has been described as Mohd. Mashoor s/o Mohd. Sharif and according to him, his corrected description is Mohd. Mashhoor s/o Mohd. Sharif. The learned Counsel for the petitioners state that in the amended memo of the petition, the name of the petitioner No.3 has been incorrectly depicted.

He is granted permission to reflect his name correctly as per the original petition.

4.

So far as Civil Application No.13950/2021 is concerned, the learned Counsel for the petitioners as well as learned Counsel for the respondents seek time to obtain necessary instructions on the application seeking impleadment of the petitioners in the writ petition.

List the said civil application after one week. (SMT. BHARATI DANGRE, J.) sjk