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Bombay High CourtCA/7410/2019disposed off

Harronkhan Mohammad Hanif And Others v. Supdabi Darbarkha Died Through Lrs Sakinabee Maheboob Kha

2021-07-29Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7410 OF 2019 IN SECOND APPEAL NO. 208 OF 2016 1.

Haroonkhan s/o Mohammad Hanif and Ors.

= APPELLANTS (Orig.Defendants)

VERSUS

Supdabi w/o Darbarkha Died through L.Rs.

.

Sakinabee Maheboob Kha = RESPONDENT (Orig.Plaintiff) ----- Mr.SS Dixit and LV Sangeet, Advocates for Applicants. ----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 29 th July, 2021.

PER COURT :- 1.

Present application has been filed for bringing the legal representative of sole respondent on record. Respondent - Supdabi is the original plaintiff, who has been stated to have been expired on 14.4.2019. Present application is within limitation. The suit was for partition and separate possession and, therefore, right to sue survives. Legal heir of deceased sole respondent is required to be brought on record. Accordingly, the application stands allowed and disposed of. The amendment be carried out within a week.

(SMT. VIBHA KANKANWADI) JUDGE BDV