Mohammed Mearaj Ahmed v. Mohammad Yousufkhan Fateh Mohammad Khan

1 28-CA 10966-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10966 OF 2018 IN SECOND APPEAL NO. 556 OF 2003 Mohammed Mearaj Ahmed .. Applicant

Versus

Mohammed Yousuf Khan s/o Fateh Mohammed Khan .. Respondent Ms. A. N. Ansari, Advocate for the Applicant. Mr. R. R. Sancheti, Advocate for Respondent.

CORAM : BHARAT P. DESHPANDE, J.

DATED : 22nd AUGUST, 2022.

PER COURT:- 1.

Heard.

2.

Learned counsel for the applicant submits that, the present applicant is one of the legal heir of original respondent No. 2 who died during the pendency of the second appeal. She submits that, the appellant filed an application No. 4113/2018 for bringing on record legal heirs of deceased respondent No. 2, however, the name of present applicant was not included therein as he is one of the legal heir.

3.

The learned counsel for the original appellant submits that, he has no objection to bring the present applicant as legal representative of deceased respondent No. 2.

2 28-CA 10966-2018.odt 4.

In view of the above submissions, I pass the following order.

ORDER

(i) The application stands allowed.

(ii) The applicant who is one of the legal heir of deceased respondent No. 2 is permitted to be brought on record as respondent No. 2-F.

(iii) Necessary amendment be carried out in the cause title within a period of fourteen (14) days from today.

(iv) The application stands disposed of accordingly. ( BHARAT P. DESHPANDE, J.) P.S.B.