Mohammed Jakioddin Shaikh Ahmed Lrs Mohammed Naimatulla And Another v. Nagu Raghu Jadhav And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.12930 OF 2021 IN SA/330/2017 MOHAMMED JAKIODDIN SHAIKH AHMED LRS MOHAMMED NAIMATULLA AND ANOTHER

VERSUS

NAGU RAGHU JADHAV AND OTHERS ...

Advocate for Applicants : Mr. Ansari A. N.

...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 03-12-2021.

ORDER :

1.

Present application has been filed for bringing he legal heirs of appellant No.2 on record. Appellant No.2 expired on 19-02-2020. Though applicants contend that there is delay of 60 days, however, in view of Hon'ble Supreme Court holding in Misc. Application No.665 of 2021 in SMW(C) No.3 of 2020 dated 23-09-2021, the period of lockdown should be excluded.

2.

As the period was extended/exempted by the Hon'ble Supreme Court, the Civil Application is within limitation. 3.

The suit that was filed by the present appellants was for declaration and injunction which was decreed and, thereafter, the

CA 12930-2021 appeal filed by the original defendants appear to be allowed, thereby setting aside the Judgment and decree passed by the Trial Court. Under such circumstances the right to sue survives. 4.

Application stands allowed and disposed of.

5.

Necessary amendment be carried out on or before 09-122021. (SMT. VIBHA KANKANWADI) JUDGE vjg/-